Houston Divorce Lawyer

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 in Texas, except that cooperation and compromise are likely to be more readily achieved and the parties may be able to even avoid the financial disclosures. Some couples may choose to follow the Texas collaborative divorce procedures, although that step is likely not necessary, and could even be more expensive.

Realize, though, that even if you feel that you should be able to have an uncontested divorce, having a qualified family law lawyer in Houston, TX prepare the papers and shepherd you through the process will 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.

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.

Is Texas a Fault-Based Divorce State?

Our Approach to Fault-Based Divorce

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.

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 court and 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.

At Diggs & Sadler, our Houston divorce attorneys are here to help you every step of the way in your divorce proceedings.

Additional Resources:

• Are There Alternatives to Divorce in Texas?