Attorneys understand that any form of divorce can weigh on you mentally. Not to mention that the fees associated with a typical divorce can be devastating to some families. It is no wonder that so many people opt for an uncontested divorce to curtail fees and costs.
Because the process of an uncontested divorce may seem so straightforward, you may even wonder, Do I need a lawyer for an uncontested divorce? If you want the most efficient resolution to your case, then you need an uncontested divorce attorney. Houston has some of the best qualified attorneys for your case. The assistance of an experienced attorney that is familiar with drafting all the necessary legal documents proves invaluable during a stressful time like this.
What Uncontested Divorce Attorneys Want You to Know
There are two ways to obtain a divorce in Texas: contested divorce and uncontested divorce. A contested divorce occurs when both parties seek a divorce but dispute certain issues about the divorce. Disputed issues may relate to child custody, property division, spousal support, or child support. Both spouses have to go to court to resolve any disputed issues before a judge grants the divorce. In an uncontested divorce, both parties agree on all terms concerning the dissolution of the marriage. This is generally the quickest way to obtain a divorce.
It is impossible to obtain a divorce in Texas without meeting the state’s residency requirements. The state requires that one of the parties must have:
- Lived in the State of Texas for at least six months prior to filing for the divorce; and
- Been a resident of the county where the suit is filed for the preceding period of 90 days.
If you don’t meet these two requirements, a Texas court simply does not have the authority to grant your divorce. This may mean that you have to obtain a divorce in your previous state of residence.
Grounds for Divorce
Although you may believe that your marriage has reached its conclusion, there must be a legal basis for a court to grant your divorce. Luckily, most couples seeking to end their marriage can find a viable reason as the basis for the end of their marriage through one of the grounds provided under state law. Insupportability is the most common ground and requires you to show only that the marriage is no longer supportable due to conflict and that you can’t reconcile. This is what is commonly known as no-fault divorce.
Texas law also provides several additional grounds for divorce including:
- Conviction of a felony,
- Living apart, and
- Confinement in a mental hospital.
There is only one defense to a divorce: condonation. However, this only works in a suit where the judge finds that there is a reasonable expectation of reconciliation between the parties.
Qualifying for an Uncontested Divorce
Any experienced Houston uncontested divorce lawyer can tell you whether you and your spouse qualify for an uncontested divorce. To qualify, both parties must:
- Agree to a divorce on grounds of insupportability;
- Reach an agreement on all issues concerning the marriage;
- Agree to one party having an attorney to handle the entire matter; and
- Voluntarily sign all the necessary legal documents.
If you are concerned about not qualifying for an uncontested divorce, contact a Houston divorce lawyer. Uncontested divorces should be less stressful than the typical divorce. The attorneys at The Stout Law Firm are here to explain this process to you.
Uncontested Divorce Benefits
Although the process of divorce is difficult, in the state of Texas, the process of an uncontested divorce may provide the parties some relief from the typical litigation process. In comparison to a contested divorce, an uncontested divorce has several benefits including:
- Streamlining the process of divorce to reach a quicker resolution;
- Encouraging collaboration between the parties;
- Reducing costs and fees associated with the discovery process and additional hearings; and
- Encouraging civility between spouses.
Reaching an amicable resolution on how to end your marriage is ultimately beneficial for both parties. Contact an experienced Houston uncontested divorce lawyer to get started today.
Our Uncontested Divorce Attorneys Can Help
The divorce and family law attorneys at The Stout Law Firm, PLLC, are here to assist you during this time in your life. We are equipped to handle your family law issues including property division, child custody, and child support. Our attorneys have decades of experience assisting clients like you in the family law sector. Throughout the years, the firm and its attorneys have earned several accolades, including Angela Stout’s recognition for 2017-2021 as a “Texas Super Lawyer ” by Super Lawyers, Thomas Reuters. Rest assured that you are in good hands with our attorneys. Your search for an uncontested divorce attorney in Houston ends here. Contact the Houston uncontested divorce lawyers at The Stout Law Firm today.
Our skilled attorneys handle other types of cases as well, including: