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Uncontested Divorce

While there are times when divorce is a messy and drawn-out process, most of the time it can be resolved quickly, smoothly, and with the least amount of conflict: the uncontested divorce.

An uncontested divorce occurs when both parties within the marriage agree that it is time to end their marriage, and have reached an agreement when it comes to their assets and properties. Contrary to all the drama shown on television and in movies, almost all divorce cases are actually uncontested divorces, and there is no need for court hearings, arguing lawyers, or dramatic scenes between the spouses.

An uncontested divorce still calls for the legal assistance and expertise of experienced, competent attorneys. Many times, divorces that are uncontested still have a few remaining issues that require resolution, and often those can be tackled with a mediation session.

Even when a couple agrees to each other’s terms during the divorce process, there are still a lot of legal aspects that need to be considered, and the process of actually filing the divorce can be quite complicated. Without a lawyer to guide you through this legal minefield, things can get expensive quickly. The filing of a divorce petition and a divorce decree (the documents that ends the marriage), is not the end of the legal work that must be performed. An divorce attorney is also involved in transferring property rights after divorce, drafting documents to protect in the case of default on loan obligations, and drafting and transferring vehicles, personal property, setting up child support and child visitation.

In summary, an uncontested divorce can help save both parties in terms of money and effort, as well as undue emotional and physiological stress. However, the amount of legal work that must be completed is often complex.

Kinds of Uncontested Divorce

There are two kinds of uncontested divorce, namely agreed divorce, and default uncontested divorce.

The agreed divorce is where both spouses agree to file for the divorce, and agree to divorce terms regarding division of property and assets, as well as child custody and other relevant matters regarding the divorce.

The default uncontested divorce occurs when one of the spouses files for divorce, but the other spouse does not give their consent and does not respond to the lawsuit. If the spouse does not timely respond, the divorce will often proceed without the involvement of the respondent.

In both types of uncontested divorce, there is no active opposition from the parties involved in the process, making it proceed smoother and quicker.

What are the Qualifications of an Uncontested Divorce?

Clients often ask us to provide guidelines for how to determine if their divorce is “uncontested” The following guidelines are used by our office when determining if a case will be uncontested:

  • No property disputes;
  • No criminal charges (pending or otherwise) or claims between the spouses;
  • Complete agreement on all legal issues regarding your divorce, such as property division, alimony, child custody, dent and asset division.

In the event of an uncontested divorce, once the decree is signed, the terms of the divorce are finalized. Couples who are unable to come to terms between themselves and seek a judge to act as an arbiter will be forced to follow the judge’s terms concerning their property, assets, and children. If you wish to have control over your divorce terms, both parties should seek to have an uncontested divorce and attempt mediation, leaving litigation of the case as a last resort.

Get an Uncontested Divorce in 61 Days

In Texas, all divorce proceedings must wait a minimum of 60 days from the filing of the divorce papers in order to complete the process, it is theoretically possible to be granted a finalized divorce in 61 days. In some extreme cases, such as in cases of domestic violence, the mandatory 60-day waiting period can be waived and a divorce can be granted as soon as possible with regards to the safety of the victimized spouse and/or their children.

Assuming that you are not one of these extreme cases, it is still possible to be granted your divorce within 61 days if you are able to reach an uncontested divorce with your spouse.

If you and your spouse are able to agree to terms quickly and smoothly, without undue stress during your divorce proceedings, it is more possible that you will be able to finalize your divorce within 61 days of filing it. However, all things considered, it is more likely that your divorce will not be finalized within 61 days of filling the papers in court, as often, complications may arise that could lead to more time being needed.

The Lyttle Law Firm can help guide you through every aspect of your uncontested divorce. Attorney Daniella Lyttle and her professional staff can provide the direction and guidelines to need to help you should you desire an uncontested divorce. In the event that the divorce becomes contested, we have the litigation and trial experience to take your case to Court for adjudication.