When people think about an uncontested divorce, it may sound like the simplest option, but the process involves more than just signing papers. The idea of being “uncontested” depends on agreements that must be clear, complete, and legally sound. Understanding what is involved helps avoid surprises that can turn an uncontested divorce into a contested one.
In the video, Atty. Tyler Monahan and Atty. Tina Campbell of Turner-Monahan PLLC explain what truly qualifies as an uncontested divorce and why full agreement between both spouses is essential. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Why Every Divorce Is Different
Many people ask what is “ordinary” in a divorce. The truth is, no two cases are the same. Every divorce is like a thumbprint, completely unique. No two families have the exact same children, medical needs, financial situation, or personal circumstances.
Because of this, it is important to work with an attorney you trust. At Turner-Monahan, we believe clients need honest advice and clear strategies. We do not simply tell people what they want to hear. Instead, we explain what we believe will truly work for their circumstances.
Sometimes that means confirming an agreement that both parties have already made. Other times, we may advise that an agreement is not realistic and suggest a different approach. Many clients tell us they wish they had come to us sooner, because they were initially given advice that did not serve them well.
Our focus is always on helping clients move forward in a way that works for their unique situation, whether it is through an amicable resolution or a more structured legal approach.
What Makes a Divorce Uncontested?
There is no way to know if a divorce qualifies as uncontested unless both parties actually agree. Many people call and say they have a completely uncontested divorce, but then add that they do not agree on where the children will live, who will pay child support, or how the assets will be divided. That is not uncontested.
In an attorney’s eyes, an uncontested divorce means that both spouses have already agreed on the key issues. For example, a person may reach out and say, “My spouse and I have decided to divorce, and we want to use just one attorney.” At Turner-Monahan, we explain that one attorney cannot represent both sides. However, if one spouse chooses not to hire an attorney, we can draft pleadings and assist in carrying out the agreement, whether it involves temporary orders or a final decree.
Uncontested divorce can have different stages. At the beginning, a couple may agree on temporary orders but still need to finalize the rest. In other cases, the parties may already have a full agreement. In that situation, we can file the petition for divorce, obtain a waiver from the spouse, and move forward. Once the waiver is signed and filed, the 60-day waiting period begins. During that time, we prepare the final decree and then enter it with the court once the waiting period has ended.
What Happens During the Waiting Period?
Even when a divorce is uncontested, issues may come up during the 60-day waiting period. These can include:
- Interim child support
- Who is paying the bills in the meantime
- Who will stay in the residence, or if it should be placed on the market
- Who is handling the day-to-day care of the children
If the parties have agreed on these points, the process remains smooth. If not, these issues may require temporary orders, which are more common in contested divorces. Temporary orders ensure stability while the case moves forward. Ideally, in an uncontested divorce, the couple can agree on these matters and avoid conflict.
The Importance of Clear Communication
One of the most overlooked parts of an uncontested divorce is the role of communication. Both spouses must openly discuss issues like finances, schedules, and parenting responsibilities. Without clear conversations, misunderstandings can surface later, leading to delays or disputes. Writing agreements down, even informally at first, ensures that both parties are truly on the same page.
Financial Disclosures and Transparency
Another factor that often complicates uncontested divorces is the financial side. Full disclosure of assets, debts, income, and expenses is necessary for the court to approve a final decree. If one spouse hides information, or if the disclosures are incomplete, the divorce may no longer qualify as uncontested. Being transparent from the start can save time, money, and frustration.
What Does the Texas Family Code Say About Uncontested Divorce?
The Texas Family Code provides the legal foundation for all divorces, including uncontested cases. A few key provisions include:
Section 6.001 – Grounds for Divorce
Texas allows for no-fault divorce based on insupportability, which is commonly used in uncontested cases. This means that neither spouse has to prove wrongdoing, making agreements easier to reach.
Section 6.702 – Waiting Period
The law requires a minimum 60-day waiting period between filing the petition and finalizing the divorce. This applies even in uncontested divorces and is meant to give both parties time to ensure the decision is final.
Section 7.001 – Division of Property
The court must divide marital property in a way that is “just and right.” Even if both parties agree on how to split assets, the court still reviews the agreement to make sure it is fair under the law.
Chapter 153 – Conservatorship and Support of Children
When children are involved, the Family Code emphasizes the best interests of the child. Any custody or support agreement in an uncontested divorce must align with these standards for the court to approve it.
These sections show that while uncontested divorces are simpler, they still have to meet specific legal requirements before they are finalized.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Uncontested divorce can save time, stress, and expense, but only when both parties are in true agreement and meet the requirements under Texas law. Every family’s circumstances are unique, and even small disagreements can complicate the process.
At Turner-Monahan, we recommend consulting with an experienced family law attorney to make sure your agreement is valid, fair, and enforceable in court.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How to Handle Holidays After a Divorce: Visitation Tips”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
