Uncontested divorce is a low cost, less complex way to resolve a divorce in Texas. Uncontested divorce is a divorce in which the spouses have an agreement on the custody and property issues in their divorce. The result of an agreed divorce, is to end the marriage with an enforceable, clear decree. The decree should describe the agreement of the parties on custody, child support, division of property and debts and any other important issue in a way that is clear for the parties and allows them to enforce the terms of the decree in the future. Three benefits of an uncontested dissolution include:
- Lower cost;
- Less stress, frustration and time; and
- The parties create their own agreement so they own the terms of the decree.
Table of Contents
Uncontested divorce process in Texas
The process in Texas is the same as the contested divorce process. Under Texas law, the Texas Family Code does not distinguish between the two. The difference is how the parties choose to handle their divorce and which legal procedures they choose to follow. An agreed divorce strips away several complicated, expensive procedures necessary in a contested divorce.
- Overview on uncontested divorce: Divorce attorney Adam Kielich explains the basics
- Top Ten Uncontested Divorce Questions: Uncontested divorce lawyer Adam Kielich answers ten common questions in Texas.
- Fort Worth uncontested divorce process: A general discussion of the process in Texas and how that changed in recent years in Tarrant County.
- How long will it take to get an uncontested divorce without a divorce attorney?: Divorce lawyer Adam Kielich discusses the different timetable in Tarrant County, Texas for an uncontested divorce with and without a divorce attorney.
- Interview with divorce lawyer Adam Kielich: An interview with Adam Kielich about the process in Texas.
- Uncontested Divorce Resources Roundup: An earlier resource guide.
- Contested divorce versus uncontested divorce: Is an uncontested divorce necessarily better? Divorce lawyer Adam Kielich explores the question.
- Is fighting in a contested divorce worth it?: Is it worth it to fight or seek an agreed divorce? The answer is not always easy and many factors may weigh into your important decision.
- Pro se uncontested divorce: How to get one without a lawyer.
- Uncontested divorce in Tarrant County: Uncontested divorce lawyer Adam Kielich explains the procedure in Tarrant County, Texas.
- Uncontested divorce in Tarrant County Part 2: The conversation continues.
- Uncontested divorce on The Kielich Law Firm podcast: An early episode of The Kielich Law Firm podcast about the procedure in Tarrant County and surrounding areas.
Specific legal issues
- How long does a Texas divorce take? Divorces in Texas generally require a sixty day waiting period but may last years. Learn more about what to expect.
- Waivers of service and uncontested divorce: Does a party need to be served? Not necessarily if the parties use a waiver of service.
- Waivers of service: What can you do with a waiver of service?
- Do I need temporary orders in my divorce?: Typically uncontested divorces do not use temporary orders because the parties will agree on the terms of the divorce. However, sometimes temporary orders are necessary to help preserve the spouses’ agreement.
Uncontested divorce, child custody and child support in Fort Worth and Dallas, Texas
Uncontested divorces often deal with custody and child support issues because any divorce with children under the age of eighteen must include orders awarding custody rights and possession as well as child support. The parties may agree on no child support payments in the divorce decree; but the divorce decree must still include language about child support and medical support.
- What is full custody in Texas?: Divorce attorney Adam Kielich explores what it means to have full custody and other common custody terms.
- Why prioritizing the children matters: It might be an easier process; but it still must deal with custody issues. Consider why the child issues need to be at the forefront of any divorce agreement.
- What is visitation in a Texas divorce: What is visitation? Access? And what is possession? What is custody? Divorce attorney Adam Kielich explains these commonly misunderstood custody terms.
- 50/50 custody in a Texas divorce: A common tactic is to implement 50/50 custody. Divorce lawyer Adam Kielich explores what this means and when it may be a good fit.
- Should I ask for child support in my divorce?: Uncontested divorce lawyer Adam Kielich explores the need for child support in a divorce.
- Do I need child support in my divorce?: Divorce attorney Adam Kielich explains whether a divorce decree must contain child support orders and why.
Uncontested divorce and property issues in Texas
Even divorces with minimal property still needs clear language dividing the property between the spouses, including homes, cars and 401k accounts. The parties also must deal with any debts shared by the spouses or that relate to property awarded in the divorce. Failing to draft clear and enforceable property division in the divorce decree can create tough problems down the road with property titles and payment of debts.
General property issues
- Should the divorce decree include financial assets and debts?: Do you want your financial history exposed in public records? Divorce lawyer Adam Kielich explores the answer.
- What is spousal support?: Spousal support and alimony are particular ways to divide property in a Texas divorce.
- Debts in a Texas divorce: Divorce attorney Adam Kielich explores the challenges of dealing with debts in a Texas divorce.
- Real estate in an agreed divorce: Uncontested divorce lawyer Adam Kielich explores how to deal with real estate.
- Dividing property in a Texas uncontested divorce: Uncontested divorce lawyer Adam Kielich explores property issues common to agreed divorces in Texas.
Retirement plans and QDROs
- Why retirement assets are important in a Texas divorce: Uncontested divorce lawyer Adam Kielich discusses why you shouldn’t overlook retirement assets like 401ks, pensions and IRAs.
- What is a QDRO and what does it divide?: QDRO lawyer Adam Kielich explores the mystery of a QDRO and what it can do to help divide retirement plans.
- Dividing retirement plans in a divorce: Why are retirement plans unique? Why do you need special orders to divide them? Divorce attorney Adam Kielich explains.
- Reducing QDRO costs: Divorce lawyer Adam Kielich discusses how to reduce the cost of a QDRO.
- Do I need a QDRO?: Divorce attorney Adam Kielich explores why you need a QDRO if you divide most retirement plans in a Texas divorce.
Uncontested divorce problems in Tarrant County and Dallas County, Texas
Uncontested divorces are easier processes than contested divorces but that does not mean problems cannot arise. Maneuvering the family courts in Tarrant County and surrounding counties is not always easy. An uncontested divorce lawyer can help cut through the confusion and make the process as easy as possible.
- 8 Pieces of Advice for Divorce in Your 20s: An article discussing divorce in your twenties, a common time for uncontested divorces.
- 10 Questions to Ask Before Ending Your Marriage: Divorce experts discuss critical issues to consider before seeking a divorce. These are good issues to consider in reaching an agreement for your divorce.
- I can’t find my spouse: What do you do with a divorce when you can’t find your spouse? Lawyer Adam Kielich weighs options.
- Common challenges in an uncontested divorce: Lawyer Adam Kielich explores common challenges in a Texas uncontested divorce.
- My spouse doesn’t want a divorce: What can you do when your spouse doesn’t want a divorce? Divorce lawyer Adam Kielich explains.
- Duress and divorce agreements: What happens when a spouse forces another spouse into a divorce agreement? What alternatives are available? Divorce lawyer Adam Kielich explains.
- Who should get an uncontested divorce in Texas?: Adam Kielich discusses factors to consider in whether it is right for you.
Problems at court
- Difficulties in the Tarrant County divorce courts without a lawyer: What happens if you go to court without a divorce lawyer? Sometimes a lot of problems.
- A really bad uncontested divorce: Adam Kielich discusses a really bad agreed divorce without lawyers.
- How should I dress to go to court in Texas?: Courthouses are professional environments. Judges consider the appearance of attorneys and parties and many have dress codes for their courtrooms. Do not let your clothing have a negative effect on your court appearance.
Family court resources in Texas
People seeking divorces in Texas must file their divorce with the district clerk in the appropriate district. Across north Texas the districts handle divorces differently. Some counties, like Tarrant County and Dallas County, have specific district courts for family issues. Other counties have their civil courts hear divorces along with all other civil lawsuits.
- Tarrant County family courts
- Johnson County district courts
- Dallas County family courts
- Denton County district courts
- Collin County district courts
Hiring an uncontested divorce lawyer for Fort Worth and Dallas, Texas
Many divorce attorneys offer uncontested divorce services in Fort Worth and surrounding areas. Consider cost, expertise and communication style when hiring an attorney
- Fort Worth uncontested divorce lawyers: Divorce in Fort Worth, Texas
- Dallas uncontested divorce lawyers: Divorce in Dallas, TX
- Bedford uncontested divorce lawyers: Services in Bedford, TX
- Video on agreed dissolution: Brief video on divorce issues.
- 5 questions to ask when hiring an uncontested divorce lawyer: Key concerns about fees, workload and communication with a divorce attorney.
- Do I need a lawyer for an uncontested divorce?: Lawyer explores the question and suggests times you may not need a lawyer.
- 7 reasons to hire an uncontested divorce lawyer: Seven challenges that a divorce attorney can help resolve.
- Do I need a divorce attorney if my spouse has one?: Often only one spouse hires an attorney. Is that right for you?
- Cheap uncontested divorce options: General cost issues and what concerns may factor into your decision to hire a divorce attorney.
- Cheap uncontested divorces: Many people seeking cheap divorces look for low cost divorce lawyers. Some lawyers offer low entry fees but be aware of possible fee increases.
- Getting what you pay for in an uncontested divorce: Some divorce lawyers charge low fees up front and run up a bill with work. Understand your total out of pocket cost.