Can you file for an uncontested divorce?

Many marriages come to an end, but not always in a destructive or financially draining manner. Some couples realize that their relationships are simply not built to last. They decide to end the marriage as quickly as possible. Those who do not have complex assets or custody issues may be able to file for an uncontested divorce, which is typically less costly and finalizes more quickly.

You may be able to get an uncontested divorce, if both you and your spouse agree that you want to split amicably, and if you do not have complicated financial or parenting issues to resolve. In very broad strokes, there are fewer requirements that couples must meet to obtain an uncontested divorce, meaning that there are fewer opportunities for conflict prolonging the process.

Unfortunately, courts do not allow all couples who wish to use uncontested divorce to do so. Marital property laws require very specific divisions of property, especially here Texas, and couples with significant assets and liabilities must detail how they plan to divide their property in a way that a court approves. Likewise, parents must create detailed parenting plans and custody agreements, which do not fit within the uncontested divorce framework in most cases.

If you hope to file an uncontested divorce, make sure to carefully examine the details of your marriage to identify any complications that may disqualify you. A strong legal strategy is wise regardless of the nature of your divorce. Protecting your rights throughout the process ensures that you have the tools you need to end your marriage and begin your new life on solid footing.