Houston Divorce Attorney

Can I Get an Uncontested Divorce in Houston?

Divorcing couples sometimes want to have an uncontested divorce, which is certainly possible if both parties are in agreement about the terms. If so, the procedure is largely the same as a contested divorce, except that cooperation and compromise are likely to be more readily achieved and the parties may be able to even avoid the financial disclosures.

Choosing an uncontested divorce in Houston can not only spare you the emotional toll of a contentious legal battle, it can also save you you money, as uncontested divorces are often resolved more quickly than contested divorces. With the right approach and local resources, you can navigate this challenging time with greater ease and confidence.

Our team is well-versed in the unique challenges faced by Houston residents. We understand the importance of efficient communication and timely responses. By organizing your documents and promptly providing necessary information, you can help expedite the process and reduce costs.

Do I Need a Lawyer for an Uncontested Divorce?

Realize, though, that even if you feel that you should be able to have an uncontested divorce, having a qualified divorce attorney in Houston who can prepare the paperwork and shepherd you through the process can protect you from inadvertent and costly mistakes as well as from any possible underhandedness by your spouse. It is far better to handle your divorce and custody issues right the first time, as it is often much more difficult, even heartbreaking, to fight the uphill battle to correct problems later.

Fault-Based vs. No-Fault Divorce

In Texas, divorcing parties have the option to file for a no-fault or fault-based divorce.

• No-Fault Divorce in Texas – The party filing for divorce states that the marriage is “unsupportable” and that there is no hope for reconciliation. In other words, the marriage is irretrievably broken and divorce is in both parties' best interests.
• Fault-Based Divorce – The party filing for divorce cites a specific reason for doing so, such as cruel treatment, adultery, or abandonment by the other party.

The divorce fault categories in Texas are very general but may encompass many types of fault-based behavior. Domestic violence, for example, may be pled as cruel treatment.

Should I File for a Non-Fault or Fault-Based Divorce?

It is important to realize that alleging fault will often create a more hostile, high-conflict divorce, however, it is also true that a no-fault divorce is not the same as an agreed or uncontested divorce—in a no-fault divorce, custody and property division are often still hotly contested.

Divorce petitioners often assume that no-fault divorces are fast and easy. However, while the disclosures may be a by-passed, specific legal requirements must be met for a no-fault divorce to be finalized, just like any other divorce.

In Texas, the no-fault divorce process involves:

• Fulfilling Texas' residency requirements for divorce;
• Completing the correct divorce documents. This will involve a divorce decree and other situational documentation. Factors include whether the divorce is contested, you have children, and a custody agreement is already in place.
• Taking completed forms to the divorce courtand County Clerk.
• Paying necessary Texas court fees.
• Fulfilling the 60-day waiting period after filing for divorce. A no-fault divorce requires a 60-day waiting period before the court will finalize your divorce. The 60 days begins when your original divorce petition is filed in court.
• Completing all paperwork. You may arrange to be divorced on day 61, but only if you have all of your paperwork in order, including a final decree of divorce addressing all necessary issues, and other documents depending on whether you have children and whether you have property that must be divided or transferred.

Our Approach to Fault-Based Divorce in Houston

At Diggs & Sadler, our Houston divorce attorneys are here to help you every step of the way in your divorce proceedings. Our approach to fault-based divorce (as opposed to no-fault divorce) is highly individual and will depend on your particular goals in the case, and the strategy that we pursue on your behalf. Because Texas permits the parties to change their pleadings over the course of the case, it may even make sense to file a case as no-fault and take a wait-and-see approach to fault.

At Diggs & Sadler, our Houston divorce lawyers can help you obtain a better outcome in your divorce. To schedule a consultation with our team, contact us online or via phone (713) 766-5355.