What Is an Uncontested Divorce?
A Texas uncontested divorce is a dissolution of a marriage that involves both parties reaching an agreement on their divorce terms. Everything, including alimony, child support/custody, property and debt division, and any other family law issues, must be settled when you file for an uncontested divorce.
Advantages of an Uncontested Divorce
An uncontested divorce has several “pros” for couples, including:
- Saving time. In Texas, there is a 60-day waiting period, and after you file, your divorce won’t be finalized until this time has passed. Thus, the fastest your uncontested divorce could be finalized is in 61 days. However, most uncontested divorces take six months to a year while contested divorces take over a year to finalize.
- Saving money. Uncontested divorces typically cost less than contested divorces.
- Affording you more privacy. Your divorce records are public and what is revealed in litigation (i.e. allegations of infidelity, extramarital affairs, a history of substance abuse, etc.) can be accessed by the public. If you file uncontested, you can keep more information private. Even if you use a mediator to help you reach an agreement, mediation records are not public information and remain confidential.
- Allowing you to have more autonomy. With an uncontested divorce, you and your partner decide on the terms of your agreement. If you file contested, you are leaving a lot of important determinations up to the court/judge.
- Encouraging amicability. Getting divorced can take an emotional toll on both parties regardless of the circumstances of your divorce. Because you and your partner are collaborating on the terms of your divorce, you may have less emotional stress as filing uncontested requires a certain level of amicability. Divorcing couples who plan to co-parent often opt to file uncontested because this process is less contentious and benefits their children.
Disadvantages of an Uncontested Divorce
While an uncontested divorce can benefit many couples, they are not always for everyone. Divorce litigation (i.e. a contested divorce) can be a better fit in certain situations.
- An uncontested divorce is not beneficial when there is a history of domestic violence. As we mentioned, you and the other party will have to agree on the terms of your divorce settlement, which will involve having contact and conversations with one another. In ensuring your safety, if you are a victim/survivor of domestic violence or are worried about being manipulated, an uncontested divorce is not the best route.
- An uncontested divorce is not the best choice for couples who are not amicable. It can be hard to reach an agreement if you and your partner are often arguing or are unable to have a productive conversation. While an uncontested divorce is usually cheaper and more time efficient, you should
- An uncontested divorce is not the way to go if you have complex issues to resolve. Divorce cases that involve same-sex partners, high net-worth individuals, substantial assets, or other matters that can complicate the divorce may be better suited to being resolved via litigation. However, it is important to note that if you are a business owner or have other assets (i.e. cryptocurrency, investment property, heirlooms, etc.) you wish to protect, an uncontested divorce allows you more autonomy and control over the division.
Consult with Our Attorney
At J. Roland Jeter, P.C., we are committed to helping our clients navigate the divorce process smoothly. We understand how emotionally and mentally draining getting divorced can be, which is why we provide compassionate and thorough legal counsel.
If you are interested in simplifying the divorce process by filing uncontested, we can help you through the process. We handle a wide variety of matters and can help you iron out the details of your child support, child custody/visitation, spousal maintenance, division of assets/debts, and all the issues that you must settle.
To speak with a member of our team, contact us online or call (972) 330-4050 today.