Frequently Asked Questions About Uncontested and No-Fault Divorce

Welcome to our detailed guide addressing commonly asked questions about Uncontested and No-Fault Divorce in Texas, specifically focusing on the complexities of Texas uncontested divorce involving real property. Whether you’re considering divorce or seeking clarity on non-consent divorce, these answers aim to offer valuable insights into how Texas handles Uncontested and No-Fault Divorce cases, particularly those involving real estate.

In our exploration of the essential elements of this legal process, we aim to empower you with the knowledge required to navigate the intricate terrain of divorce proceedings in the Lone Star State. It’s important to bear in mind that the application of law can differ based on the unique circumstances of your case, potentially influencing the outcomes. Be sure to consult with a legal professional for personalized guidance.

Additionally, stay tuned for our upcoming blogs, where we will address frequently asked questions spanning various aspects of divorce, including child custody, child support, property division, and alimony, further enhancing your understanding of these critical topics.

A divorce in Texas does not require obtaining your spouse’s consent before filing.

However, if the goal is to have an uncontested or agreed divorce, your spouse will need to sign all the relevant documentation once they have been served.

Can I get my spouse to pay for the attorney in an uncontested divorce?

Yes, if that is what the two of you have agreed. You can swap out the word uncontested with decided.

If you or your spouse do not agree on something, you and your spouse do not have an uncontested divorce.

Can I get divorced in Texas if I was married in another state?

Yes. You can obtain a divorce in Texas if one party meets the residency requirements.

Under Texas Family Code Section 6.301 for a divorce action to be commenced in Texas Divorce Court, one of the spouses must have been:

  1. Domiciled in Texas for six months or more and
  2. A county resident in which the suit is filed for the preceding 90-day period.

Can I still get divorced in Texas if either my spouse or I no longer live in Texas?

A Texas divorce does not require both parties to meet the residency requirements. If one party is still a resident of the State of Texas, you can obtain a divorce here.

Also, Texas does require you to maintain those residency requirements throughout the entire divorce process. That means if you met the conditions when you started the divorce, you can later move to another state and still finalize the divorce in Texas.

What is an uncontested divorce?

An uncontested divorce means that both parties have reached an agreement on the following:

  1. Agreeing to be divorced
  2. Parental decision-making responsibility for medical decisions, educational decisions, psychological decisions for the children, etc.
  3. Parental visitation
  4. The amount and duration of child support
  5. The amount and duration of any spousal support (alimony)
  6. The division of property and debts.

For more information on an uncontested divorce, check out my blog article, “Uncontested Divorce Attorney in Spring, Texas.”

Can I force my spouse to agree to an uncontested divorce?

No. In an uncontested divorce, either you or your spouse agree on all issues, or you do not.