What Does Uncontested Divorce Mean?


By Cassandra Daniels | February 23, 2023

What does uncontested divorce mean in Texas?

Many people look toward going through an uncontested divorce as a more affordable way to legally separate for good. This is also known as filing for dissolution of marriage. 

Looking for the quickest divorce in Texas? When compared to litigation, an uncontested divorce may also be an ideal option. There are, however, a few general rules you need to keep in mind.

Depending on the needs of yourself, your children (if any), and the requirements of your spouse, uncontested divorce is possible. But it might take cooperation and compromise coming from both parties to achieve.

Here’s everything you need to know to answer the question, “what does uncontested divorce mean in Texas?”

Preparing to file for divorce? Give Daniels Law Firm a call before you do.

4 Steps To Prepare For An Uncontested Divorce In Texas

Before going into how to prepare for an uncontested divorce, it’s important to know that the term “uncontested divorce” is not defined within the Texas Family Code. However, texas.gov does have an exact definition for the term.

It says a divorce that’s uncontested is either:

  • An agreed divorce 
  • Or a default divorce

For either circumstance, there is no dispute or disagreement about what the parties want and expect to happen. The timeline for this type of divorce tends to work well for couples without minor children and assets they can easily agree to divide. About 90% of all divorces are or end up being uncontested.

Searching for a divorce attorney in Texas for your uncontested divorce? Call Daniels Law Firm.

1. Hire A Family Law Attorney 

Having a divorce attorney that knows family law can help give you a more holistic understanding of what you need to consider for property division. Because they deal with divorce cases regularly, they can offer sound legal advice regarding your desired outcome. 

When it comes to dividing assets, your attorney should be able to go over your marital and separate property in depth. The difference between the two is fundamental and extremely important. Marital property refers to assets and property shared between you and your spouse acquired during the marriage. Separate property is yours alone and might include assets, such as:

  • A home bought before the marriage
  • Inheritance
  • Retirement contributions made before the marriage

Accounting for everything you own can be a lengthy process, but it’s critical to define in an uncontested divorce.

2. Fundamentally Prepare Your Finances

In addition to having a divorce attorney in your corner, you should also consider hiring a financial advisor to review your accounts, debts, and overall financial situation. This is extremely important as you will have attorney fees and other related expenses as you proceed with your divorce.

Early in the process, you will want to gather and organize information regarding your:

  • Bank accounts
  • Credit card statements
  • Savings or retirement accounts
  • Investments
  • Any other outstanding shared debts

This means having accurate login information and current statements available to help assess your circumstances.

Furthermore, if you do not plan on living in the marital home, your upcoming expenses may include the cost of moving into a new rental or owned property. You’ll also need to add utilities, basic living expenses, and any potential child support or spousal support payments to your grand total.

Having someone on your team that is financially savvy can give you a realistic look at your future financial situation beyond your divorce.

RELATED: 6 Ways To Protect Yourself Financially Before & After Divorce

3. Hold Off On Potential New Relationships

In Texas, it is especially important to remain focused on your own needs while you’re getting divorced. Not only can outside relationships complicate your financial situation, but they can affect whether your divorce goes on to be uncontested or not. You are not considered divorced until the court has finalized its decision as such.

Keeping your focus on yourself and your children, if any, means you are less likely to run into trouble. For example, your spouse can use the argument of adultery in their favor with proof if you are found having a relationship with someone else at any point in your marriage. Additionally, your spouse might be able to submit a claim for reimbursement for all community funds spent on an extramarital relationship with evidence.

Both situations can cause your once uncontested divorce to turn into a contested one with ease.

How Soon After Can I Get Remarried?

You cannot marry someone else following the finalization of your divorce for up to 30 days. The 30-day rule is strict in that you can’t start counting while in the process of a divorce or while waiting for your spouse to sign divorce papers. If it isn’t finalized, you are not yet divorced.

4. Be Open To Compromise

Keep in mind that as soon as mediation is needed for your divorce, it is no longer uncontested. A true uncontested divorce means that you agree on everything without pushback from either side, including commonly disputed topics like:

  • Property division
  • Asset distribution
  • Child custody
  • Child visitation
  • Child support

The chances of you getting everything that you want in an uncontested divorce may be slim. You must be willing to compromise with each other to have an undisputed divorce from start to finish.

In terms of mediation versus litigation in Texas, coming to an agreement on all terms is a much more cost-effective and efficient way to get divorced.

Is An Uncontested Divorce Not Possible In Your Case? Call Daniels Law Firm.

If you are preparing to file for divorce in Houston, contact an attorney who can help. Whether your divorce is uncontested or has multiple aspects to consider, family law attorney Cassandra Daniels of Daniels Law Firm represents individuals and their rights while going through the process of divorce.

Begin the divorce process with attorney Cassandra Daniels.

The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Daniels Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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