An uncontested divorce occurs when the parties agree about every aspect of the divorce. There is no conflict requiring a resolution. The parties come to an agreement on all of the terms of the divorce before they file. An uncontested divorce is most likely to happen in a situation where the parties decided that divorce is their best option, there are no children, and not much property is involved. It is rare to have an uncontested divorce when there are issues with property division and/or child custody because there is a greater chance for disagreement for one of those things.
Although uncontested divorces may seem simple, identifying all of the issues to be resolved can be complex. For this reason, many people choose to retain a divorce attorney even if they do not need representation in trial. A Tarrant County uncontested divorce lawyer could help draft a divorce agreement that addresses all of the issues, including property division, custody, alimony, and more.
Process of Filing for Divorce
To initiate an uncontested divorce, the parties first file a petition for divorce with the court. Additionally, one of the parties files a waiver of service so the other party does not have to be served. After filing a divorce petition, there is a 60-day waiting period. During that time, the couple and their attorneys draft their final decree of divorce. Once the 60 days lapses, they couple signs their divorce decree, and one party goes before a judge to finalize the paperwork and have the order entered.
In an uncontested divorce, mediation, arbitration, and litigation are not required. Because the parties have come to an agreement regarding their settlement terms, the only time they go into a courtroom is to finalize their divorce paperwork and have their order entered.
What is a Divorce Based on Irreconcilable Differences?
An uncontested divorce is not the same as filing for divorce based on irreconcilable differences. The filing for irreconcilable differences is the basis for requesting a divorce, and this basis could occur with either an uncontested or a contested divorce. A divorce being contested or uncontested is the manner in which the parties decide to handle the divorce.
When Does an Uncontested Divorce Become Contested?
An uncontested divorce may become a contested divorce when one party disagrees with at least one of the terms of the settlement. There could be issues with the division of property or decisions about selling the home when one party wants to keep it. Any kind of disagreement on the settlement terms may result in an uncontested divorce becoming contested.
Reach Out to a Tarrant County Uncontested Divorce Attorney
If you are considering filing for divorce, you should consider reaching out to a Tarrant County uncontested divorce lawyer for assistance. Even if you and your spouse agree about the terms, drafting an agreement that takes all of the issues into account could be complex. For example, couples may need to come up with a plan for dividing property and create a visitation schedule. For help with your divorce, contact an experienced attorney today.