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How to Get an Uncontested Divorce in Texas


Divorce is often portrayed in movies as something quite arduous and always has the courts involved, but the reality of it all is that there are options to avoid such painful experiences.

While that is true, it does not mean that divorce is without pain, however, it is always good to know that there is something known as an uncontested divorce in Texas. What is an uncontested divorce, you may ask? Just like it sounds, an uncontested divorce means that you and your partner have agreed to the terms of your divorce and don’t need to get the courts involved.

As you can tell, there are a lot of positive things that can come with an uncontested divorce and one of the biggest bonuses is that it is much cheaper than a contested divorce. Aside from that, the whole amicable breakup is always a better way to end relationships and it can really help reduce the stress of an already difficult situation.

To qualify for an uncontested divorce, it really is quite simple, just make sure you have these following points ticked off:

1) You and your soon to be ex-spouse agree on the divorce terms – Before anything else, you need to make sure that the terms are agreeable to both you and your partner, if this isn’t something that can be confirmed, then you may need mediation or someone to flesh it out, unless it’s a major disagreement then there is still no need to involve the courts.

2) One of the two must have lived in Texas for a minimum of 6 months – Either you or your partner must have lived in Texas for the minimum amount if you plan to file an uncontested divorce in the state of Texas.

3) One of the two must have lived in the country for a minimum of 3 months – While this is pretty much covered if one of you ticked off step two, it’s always a must to know all requirements for filing.

Assuming that all of the above are not a problem for you and your ex-partner, then you are a candidate for an uncontested divorce. Of course, there are still a number of forms that you need to complete and you can still hire a lawyer to handle them and guide you or you can figure it out yourself by researching. Whichever option appeals to you the most simply weigh your choices and choose which of them you want to go with.

As difficult as divorces are, they all don’t have to be full of courtroom drama, sometimes they can just end with a silent signature here and there.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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