Se Habla Español | Nous Parlons Français


You are here:

Is an uncontested divorce right for me?

On Behalf of | Dec 20, 2017 | Divorce

Are you and your spouse considering divorce? Do you want to avoid fighting things out in court? If you do, an uncontested divorce may be the right move for you.

Many couples in Texas who are thinking about ending their marriages do not want the dissolution process to be an emotionally exhausting series of fights. Many people are able to come to agreeable terms through private negotiations or other means.

An uncontested divorce is …

An uncontested divorce is just that. Both parties decide together on the settlement terms proposed without a dispute in court. Filing an uncontested divorce is generally simpler than a litigated divorce, but the parties must agree on numerous essential elements for the divorce petition to be accepted by a court. If a judge approves of the filing, he or she will grant the divorce.

Agreeing on tough issues

Uncontested divorce is not in everyone’s best interest. Those who struggle to make decisions on key divorce topics such as child custody, property division or support may not be able to utilize it. If one spouse disagrees with the filing in any way, this type of divorce may not be appropriate.

Why choose an uncontested divorce?

As with any route to marriage dissolution, there are advantages and disadvantages to choosing an uncontested divorce. The main advantages include:

  • Time savings
  • Cost savings
  • No conflict or low conflict
  • Privacy

As far as disadvantages go, an uncontested divorce may not settle complex issues in a satisfactory manner. If you are not careful, you could end up walking away with a settlement that causes you problems now and in the future.

Uncontested divorce does not mean you are on your own

Just because you and your spouse have decided on an uncontested divorce, you do not have to go through the process alone. You have the right to discuss the issues with legal counsel and have your proposed settlement terms reviewed in order to make sure you are not getting the short end of the stick.

No path to divorce is perfect, but an uncontested divorce can get you out of your marriage more quickly and without the stress and expense of litigation.