Austin Uncontested Divorce Attorney

Providing Effective & Efficient Legal Counsel

Divorce can be a difficult, complex, and time-consuming process. However, if you and your spouse can agree on the terms of your divorce, you may be able to file for an uncontested divorce. By doing this, you can save time and money on court costs and attorney fees.

At Melissa M. Williams, PLLC, we can help you with your uncontested divorce. Call us today at (512) 271-2063 or online to schedule a consultation with our Austin uncontested divorce lawyer.

What Is an Uncontested Divorce?

An uncontested divorce is one in which both spouses agree on all of the key terms of the divorce. These terms can include things like child custody, child support, spousal support, and property division. In an uncontested divorce, both spouses will work together to create a divorce settlement. Once the settlement is created, it will be reviewed by a judge. If the judge approves the settlement, the divorce will be granted.

Benefits of Uncontested Divorce

Uncontested divorces offer many benefits over contested divorces. For one, they are typically much faster. When you file for an uncontested divorce, you can expect the process to be completed in just a few weeks or months. On the other hand, contested divorce proceedings can last for years. Additionally, uncontested divorces are much less expensive than contested divorces. When you choose to file for an uncontested divorce, you will not have to pay for a long and drawn-out trial.

Other benefits of an uncontested divorce include:

• Less stress
• More privacy
• More control over the outcome of your divorce

Uncontested Divorce vs. Contested Divorce

In a contested divorce, the spouses are not able to agree on the terms of their divorce. As a result, they will need to go to court to have a judge make decisions on their behalf. These decisions will include things like child custody, child support, spousal support, and property division. In a contested divorce, the judge will listen to both spouses and their attorneys. They will then make a ruling on each of these key issues. The proceedings can be very stressful, expensive, and time-consuming.

An uncontested divorce, on the other hand, is a divorce in which both spouses agree on all of the key terms of their divorce. As a result, they will be able to work together to create a divorce settlement. Once the settlement has been created, it will be reviewed by a judge. If the judge approves the settlement, the divorce will be granted. Uncontested divorces are typically much faster, less expensive, and less stressful than contested divorces.

How to File for an Uncontested Divorce

The process of filing for an uncontested divorce can vary from state to state. In Texas, the process is as follows:

Step 1: File a Petition

To begin the process, you will need to file a petition for divorce. In the petition, you will need to specify the grounds for divorce. In Texas, the grounds for divorce can include things like insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. You will need to file the petition in the county in which you or your spouse has lived for at least 90 days.

Step 2: Serve Your Spouse

Once you have filed the petition, you will need to serve your spouse with a copy of the petition. To do this, you will need to have a third party (who is not involved in the case) deliver a copy of the petition to your spouse. If your spouse is in agreement with the divorce, they can sign a waiver of service, which will allow you to skip this step.

Step 3: Wait 60 Days

After you have filed the petition, you will need to wait at least 60 days to finalize the divorce. This is a mandatory waiting period in Texas. If you and your spouse have not been able to reach an agreement by the end of this waiting period, you will need to go to court.

Step 4: Create a Divorce Settlement

While you are waiting for the waiting period to end, you will need to work with your spouse to create a divorce settlement. This is a legally binding agreement that specifies how you and your spouse will handle issues like child custody, child support, spousal support, and property division. If you and your spouse can't reach an agreement on one or more of these issues, you will need to go to court.

Step 5: Attend a Court Hearing

If you and your spouse have been able to reach an agreement on all of the key issues, you will need to attend a court hearing. During the hearing, a judge will review your settlement and make sure that it is fair and reasonable. If the judge approves the settlement, they will sign a final divorce decree. This will finalize the divorce.

Step 6: Manage Post-Divorce Issues

Once the divorce has been finalized, you and your spouse will need to manage post-divorce issues. This can include things like transferring property, changing your name, and updating your estate plan. If you and your spouse have children, you will need to create a parenting plan and manage issues like child custody and child support.

How Much Does an Uncontested Divorce Cost in Texas?

The cost of an uncontested divorce in Texas will depend on a variety of factors. For example, if you and your spouse can agree on all of the key terms of the divorce, you may be able to save money on attorney fees. However, if you and your spouse can't reach an agreement on one or more of these issues, you may need to go to court. This can increase the cost of the divorce.

Other factors that can impact the cost of an uncontested divorce in Texas include:

• The complexity of the case
• The value of the assets
• The need to hire expert witnesses
• The need to hire a mediator
• The need to hire a financial planner
• The need to hire a child custody evaluator

At Melissa M. Williams, PLLC, we understand that you may be concerned about the cost of an uncontested divorce. That is why we offer our legal services at a flat rate. To learn more about the cost of an uncontested divorce in Texas, today.

Uncontested Divorce Requirements in Texas

Before you can file for an uncontested divorce in Texas, you will need to meet certain requirements. You and your spouse must be able to meet all of the following requirements:

• At least one of you must have lived in Texas for at least six months
• At least one of you must have lived in the county in which you plan to file for divorce for at least 90 days
• You and your spouse must be able to agree on all of the key terms of the divorce

How Long Does an Uncontested Divorce Take in Texas?

There is a mandatory 60-day waiting period for all divorces in Texas. This means that you and your spouse will need to be separated for at least 60 days before you can finalize your divorce. If you and your spouse can agree on all of the key terms of your divorce, you may be able to finalize it as soon as the 60-day waiting period ends. However, if you and your spouse can't agree on one or more of these terms, you will need to go to court. This can significantly increase the time it takes to finalize your divorce.

Why You Need an Attorney for an Uncontested Divorce

You may think that you don't need an attorney for an uncontested divorce. However, even if you and your spouse agree on all of the key terms of your divorce, you should still consult with an attorney. A divorce is a legally binding agreement. If you make a mistake in the divorce settlement, you may not be able to fix it later. An attorney can review your settlement and make sure that it is fair and reasonable. If the attorney finds any issues, they can help you address them before the divorce is finalized.

Other reasons why you should hire an attorney for an uncontested divorce include:

• They can help you understand your legal rights and options
• They can help you gather the necessary documents and evidence
• They can help you create a divorce settlement that is in your best interests
• They can help you file the necessary paperwork and navigate the legal process
• They can help you manage post-divorce issues

What Our Clients Are Saying

“I am so grateful for the guidance and support I received from Melissa and her team. Melissa is an incredible attorney and a fierce advocate for her clients. Her knowledge and experience made all the difference in my case. She is smart, strategic, responsive, and compassionate. I highly recommend her!”

- Former Client

If you need help with your uncontested divorce, online or call (512) 271-2063 to schedule a consultation with our Austin uncontested divorce lawyer.