If you and your spouse have agreed that it is time to end your marriage, an uncontested divorce may be an option for you. While uncontested divorces usually involve less conflict between the parties, there are still matters to resolve.
This information can help you navigate an uncontested divorce in Texas.
Difference between an uncontested and contested divorce
When both parties agree to the terms of the divorce and agree to a settlement that dictates asset division, debt payment, spousal support and child custody, an uncontested divorce may be an option. In a contested divorce, the parties disagree about one or more aspects of the divorce and require court intervention to agree on a settlement.
Eligibility for a Texas uncontested divorce
You must meet several conditions to qualify for an uncontested divorce in Texas:
- Parties do not have children under 18 or disabled children
- The woman is not pregnant at the time of the divorce
- Neither party is part of a bankruptcy case
- Neither party is asking for spousal maintenance
- The parties are living apart and not having sexual relations for at least three years before the divorce
- The parties agree to a settlement
- Both parties are residents of the state for at least six months and the county for at least 90 days before filing for divorce
If you do not qualify for an uncontested divorce, you have other options to resolve your divorce amicably, including mediated resolution and collaborative divorce. These methods can help you avoid litigation, though the court may still need to approve your settlement agreement before your divorce can become final.