Frequently Asked Questions About Uncontested and No-Fault Divorce

If you have need a best suitable service your Divorce Law experience, Frequently Asked Questions About Uncontested and No-Fault Divorce in Texas the great process!

Spring Divorce Lawyers: The following are answers to some of the most frequently asked questions about Uncontested and No-Fault Divorce in Texas. The answers are general and designed to help you better understand how Texas handles Uncontested and No-Fault Divorce.

The law in the individual circumstances of your case may vary and may affect the results in your case.

Subsequent blogs will cover frequently asked questions regarding divorce, child custody, child support, property division, and alimony.

DO I HAVE TO GET MY SPOUSE’S CONSENT BEFORE I START THE DIVORCE PROCEEDINGS?

A divorce in Texas does not require obtaining your spouse’s consent before filing.

However, if the goal is to have an uncontested or agreed divorce, your spouse will need to sign all the relevant documentation once he/she has been served.

CAN I GET MY SPOUSE TO PAY FOR THE ATTORNEY IN AN UNCONTESTED DIVORCE?

Yes, if that is what the two of you have agreed. You can swap out the word uncontested with agreed.

If you or your spouse are not in agreement on something, then you and your spouse do not have an uncontested divorce.

CAN I GET DIVORCED IN TEXAS IF I WAS MARRIED IN ANOTHER STATE?

Kingwood Divorce Attorney: Yes. You can obtain a divorce in Texas as long as one party meets the residency requirements.

Under Texas Family Code Section 6.301 for a divorce action to be commenced in Texas Divorce Court, one of the spouses must have been:

1. Domiciled in Texas for six months or more and
2. A resident of the county in which the suit is filed for the preceding 90-day period.

CAN I STILL GET DIVORCED IN TEXAS IF EITHER MY SPOUSE OR I NO LONGER LIVE IN TEXAS?

A Texas divorce does not require both parties to meet the residency requirements. If one party is still a resident of the State of Texas, you can obtain a divorce here.

Also, Texas does require you to maintain those residency requirements throughout the entire divorce process. That means if you met the requirements when you started the divorce, you can later move to another state and still be able to finalize the divorce in Texas.

WHAT IS AN UNCONTESTED DIVORCE?

An uncontested divorce means that both parties have reached an agreement on the following:

1. Agreeing to be divorced
2. Parental decision-making responsibility for things such as medical decisions, educational decisions, the psychological decision for the children, etc.
3. Parental visitation
4. The amount and duration of child support
5. The amount and duration of any spousal support (alimony)
6. The division of property and debts.

For more information on an uncontested divorce, check out my blog article, “Uncontested Divorce Attorney in Spring, Texas.”

CAN I FORCE MY SPOUSE TO AGREE TO AN UNCONTESTED DIVORCE?

No. In an uncontested divorce, either you or your spouse agree on all issues or you do not.

IF MY SPOUSE AND I AGREE ON MOST BUT NOT ALL ISSUES ARE OUR DIVORCE UNCONTESTED?

The Woodlands Divorce Attorney: No, agreeing on many of the issues in a divorce is helpful. However, not agreeing on all issues means there are still contested issues which may require court hearings to resolve.

CAN MY SPOUSE AND I USE THE SAME ATTORNEY FOR OUR UNCONTESTED DIVORCE?

No.

Whether your divorce is contested or uncontested, an attorney can only represent one party.

However, if you agree on all issues, the attorney for the party who is represented can prepare papers for the client based on that agreement.

The other party does not have to get a separate attorney.

WHAT IF MY SPOUSE DOES NOT WANT THE DIVORCE?

Divorce Lawyer in Spring TX: If your spouse does not want the divorce, you are still able to pursue the divorce on your own. Your divorce will no longer be uncontested. However, if you want a divorce, it can be completed without your spouse’s consent.

A default judgment can be pursued if your spouse decides to completely ignore the petition for divorce.

Typically, when one spouse does not want the divorce, they will draw out the process as long as possible and create issues. However, the case can be set for hearings and/or final trial to push the case along.

MUST FAULT BE FOUND AGAINST A PARTY FOR A DIVORCE TO BE GRANTED?

No. In Texas, a divorce may be granted without either party being at fault.

However, a Texas divorce does allow for divorce to be granted when one party is found to be at fault in the break-up of the marriage.

WHAT ARE THE GROUNDS FOR DIVORCE IN TEXAS?

As a general rule for a Texas divorce, a person does not need a particular reason to divorce their spouse. However, to obtain a divorce, the requesting spouse must plead and prove there is at least one ground for granting the divorce.

There are seven valid grounds to specify in a divorce petition. Six are fault grounds and one (insupportability) no-fault ground. Those grounds include:

1. Living apart
2. Confinement in a mental hospital
3. Cruelty
4. Abandonment
5. Conviction of a felony
6. Adultery
7. Insupportability

WHY WOULD SOMEONE WANT TO PLEAD FOR FAULT IN A DIVORCE?

Spring TX Divorce Lawyer: If successful in proving a fault ground for divorce, the party may be allotted a better division of the community estate.

For our purposes, a disproportionate share means that you may be awarded more than 50% in most cases of the marital property.

SPOUSAL SUPPORT

If a spouse is eligible to receive spousal support under Texas Law and a Judge is inclined to award spousal support, then a judge may consider marital fault when awarding the amount and duration of spousal support in the divorce.

Even if a fault ground is pleaded, a judge has the discretion of granting the divorce on the ground of insupportability instead.

IS TEXAS A NO-FAULT DIVORCE STATE?

Nowadays, the most common reason for divorce in Texas is called “insupportability.” Insupportability is the Texas version of pleading no-fault in a divorce.

The actual language that is used in an Original Petition for Divorce is that “the marriage has become insupportable because of discord and conflict, which destroys the legitimate end of the marriage relationship and there is no reasonable expectation of reconciliation.”

Spring Divorce Lawyer: All that means is there has been a fundamental breakdown in the marriage relationship due to nothing more than a conflict of attitudes of at least one spouse … Continue Reading