One of the issues many couples worry about when filing for divorce is how time-consuming the process can be. Between work obligations and the prospect of attending court, you may wonder whether it is possible to avoid going to court altogether. The good news is that Texas law does offer a way for you and your spouse to do so.
Understanding the uncontested divorce process
An uncontested divorce is the most common way for couples who wish to hasten the divorce. This type of divorce requires:
- That either spouse has lived in Texas for six months and in the filing county for 90 days.
- That both parties agree on all terms such as property division, debt allocation, any support arrangements and all terms regarding child custody and visitation if minor children are involved
- That neither spouse disputes the grounds for divorce, most commonly “insupportability”
State law also generally requires a 60-day waiting period after either you or your spouse files the petition before the court can finalize a divorce. Once this period concludes, many uncontested cases wrap up with a brief hearing, or in some counties, without an in-person appearance at all.
Minimizing court involvement through waivers and defaults
Under Texas law, your spouse can waive formal service by filing a signed acknowledgment with the court after you submit the petition. They must sign the waiver in front of a notary public who is not an attorney involved in your case. Without this, you would need to arrange for a process server or constable to deliver the papers, which adds both time and cost to your case.
If your spouse does not file a response after you serve them, you may proceed with a default divorce. This allows the judge to grant the divorce based on your requests, provided they determine your proposed property division is “just and right” and your child arrangements serve the child’s best interest.
Weighing the key factors before filing
Before starting the divorce process, it is worth taking time to evaluate whether an uncontested divorce fits your situation. One important consideration is whether both parties fully understand the marital estate. If one spouse has limited knowledge of shared finances, debts or retirement accounts, rushing into an agreement could mean leaving important assets unaddressed.
Emotional readiness matters as well. Even an amicable divorce involves difficult decisions, and moving too quickly without proper preparation can lead to regret. Mediation is a valuable tool that helps couples reach agreements outside of court while still benefiting from professional guidance.