Uncontested “No-Fault” Divorce in Texas

Many people are hesitant to contact an attorney when they are planning on getting divorced. A common belief is that involving an attorney prolongs the process. At Snodgrass Law Office, this is never our goal. With seven years of experience practicing divorce law, we always seek efficient and cost-effective solutions for our clients. If we can assist you in preparing an agreed divorce, please let us know. We always try to get the spouses to come to our office together and try to mediate a settlement right then - that day - to see if all of the issues can be settled. And we’ve had a pretty high success rate.

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Is an uncontested divorce right for you?

The idea of a less stressful, less expensive divorce is appealing. However, an agreed divorce is not right for every situation. Below are some questions to ask yourself before attempting to undertake an agreed divorce:

·         Are my spouse and I able to work together to resolve complex and often delicate matters without getting overly angry or upset?

·         Is my spouse able and willing to participate in the process in good faith?

·         Do I have a full understanding of my rights and options in a divorce? If not, we can inform you of those rights and options.

·         Do I have an idea of the income, assets, and debts we have?

If you answered no to any of the above questions, an agreed divorce may not be right for you. However, you are always welcome to discuss the particulars of your situation with us if you have any questions. We look forward to working with you and helping you through this difficult time.

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Texas uncontested divorce requirements

The uncontested, “no-fault” divorce process in Texas is a great option for spouses that can maintain open communication to reach an agreement on their own without the need for a divorce trial before a Judge. To obtain an uncontested divorce in Texas, you must meet the following criteria:

  • you or your spouse have resided in Texas for at least 6 months,

  • you or your spouse have lived in the county where you are filing for divorce for at least 3 months, and

  • you and your spouse have come to an agreement on all of the issues related to your divorce.

There’s no waiting period before you can file for divorce in Texas. Once a settlement agreement is reached, the divorce process is relatively fast and has much less of an impact on your pocket book than taking a divorce all the way to trial. From the day you file for divorce, you have to wait 60 days before a Judge can legally divorce you. So, an initial meeting with us, followed by a settlement conference with your spouse at our office, plus the 60 day waiting period means you can be divorced in less than 3 months and begin to move on with your life.

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Marital Settlement Agreements – Methods for Resolving Differences

  • Division of marital and separate property

  • Spousal maintenance, which is also known in other states as alimony or spousal support

  • Child support

  • Child custody (called conservatorship in Texas) and visitation

  • Equitable division of assets of debts

  • Payment of health insurance premiums

  • Splitting retirement accounts and pensions

  • Deciding who will stay in the family home or if it will be sold

  • Tax-related issues

A comprehensive marital settlement agreement will cover all of these topics and more in order to provide a solid foundation for each spouse to begin their new life after the divorce.

If you are concerned that you and your spouse will not be able to come to an agreement on your own, there are several options available that have proven to be successful in helping spouses avoid resorting to litigating their differences in divorce court:

  • Negotiation – With the help of Attorney Michael Snodgrass and his 7 years of experience in divorce law, you and your spouse may be able to negotiate an amicable resolution to your divorce in just one afternoon.

  • Mediation – In an official mediation, the spouses and their attorneys work with a neutral third-party mediator who helps them come to an agreement without making decisions on their behalf or forcing them to accept the mediator’s proposals.