You and your spouse agree it is time to divorce. When you both see eye-to-eye on every issue, you can pursue an uncontested divorce in Texas, a path that offers a clear advantage over court battles.
Uncontested divorces are typically a faster, more cost-effective and less stressful way to end your marriage. To keep your case moving smoothly, you must achieve complete, mutual agreement on key divorce considerations.
5 must-agree issues for spouses
Choosing the uncontested route requires complete consensus in the following five key areas. If you find yourselves disagreeing on any of these points, the case becomes a contested matter, which generally requires a much longer and more complex process.
Dividing community property
Texas is a community property state, meaning you must agree on the division of all assets acquired during your marriage in a manner that the court deems “just and right,” which typically means a fair and equitable division. These assets include:
- Home equity or other real estate
- Bank and investment accounts
- Retirement funds like 401(k)s and pensions
You must clearly define what each person receives to prevent future disputes over financial ownership.
Dividing community debt
In addition to assets, you must agree on how to assign all marital liabilities. This agreement must be clear and legally binding for both spouses. Marital debts often include:
- Mortgages and home equity loans
- Credit card balances and personal loans
- Auto loans and other financed purchases
The agreed-upon division must clearly assign all responsibility for repaying these debts.
Child custody and conservatorship
If you have children, you must agree on the legal rights and duties regarding them, collectively called conservatorship. This includes, but is not limited to, which parent has the right to make major decisions. You also need a detailed possession and visitation schedule. Remember that Texas courts require any arrangement to serve the child’s best interest.
Child support and medical support
Parents must come to a consensus on the exact amount of child support payments. Furthermore, you must agree on who will provide the child’s health, dental, and vision insurance. You also need a plan for how you will share any uncovered medical expenses.
Spousal maintenance
You must agree on whether one spouse will pay spousal maintenance to the other. While court-ordered maintenance has strict eligibility rules, the parties may also agree to contractual alimony, which is enforceable but not bound by the same statutory eligibility limits.
Protect your future
Any breakdown in your agreement on the points listed above forces your case onto a contested track, a shift that significantly slows the entire process. Even when you agree on everything, the legal technicalities of drafting a proper divorce decree underscore the importance of securing skilled legal representation.
An experienced divorce lawyer protects your rights and helps secure your future by thoroughly examining every detail in your final document, thereby allowing you to begin a new, secure chapter of your life.