Denton County Texas Uncontested Divorce

What Is An Uncontested Divorce?

An uncontested divorce in Texas is a divorce where both parties agree on everything (they reach a settlement) or one party files for divorce and the second never responds to the divorce filing nor appears in court. At least 90% of all divorces are uncontested, but many start out as contested and then the parties eventually reach an agreement.

How an Uncontested Divorce Works

The first step in the uncontested divorce process is to discuss it with your soon-to-be-ex-spouse. The hallmarks of an uncontested divorce are that you agree to get divorce and to all the issues involved in the divorce.

Uncontested divorce is the simplest and easiest way to get a divorce. However, it can be hard to predict in advance if a divorce will settle or one party will not respond, so you may not enter divorce proceedings really knowing if yours will be uncontested.

Uncontested Divorce Requirements

There are two pathways to an uncontested divorce in Texas.

The first is where the spouses agree on all the issues in the divorce, such as marital property, spousal support (formerly known as alimony), child custody and visitation, child support and the division of shared debt. The couple submits an agreement, settlement or stipulation to the court with everything they have agreed on.

The second situation is where one spouse files for divorce and asks for specific things (such as child custody or ownership of the home) and the second spouse never responds to the divorce papers and does not appear in court. The case then proceeds without them and the court decides whether the filing spouse is entitled to what they have asked for, without input from the second spouse.

Process for an Uncontested Divorce

On the other hand, a contested divorce results when spouses are not able to agree on the terms of their divorce as discussed above, and need to litigate certain matters so that a judge can make determinations for them. Specifically, if spouses cannot reach an agreement, the court can make orders on property division, child custody, spousal support, child support, and attorney’s fees.

If the couple can agree on every issue in the divorce, they can proceed with an uncontested divorce by completing a settlement. Though state rules vary, the couple with no disputes between them simply puts their agreement into writing (either with forms, on their own, or with help from an attorney or other professional).

Once both parties confirm to the court they agree to the terms, the judge will sign off on their terms. One brief court appearance may be necessary.

If a hearing is required, it involves the judge asking both parties some questions to make sure everyone understands the terms that they’re agreeing to.

The other process for an uncontested divorce is similar. The petitioner files the divorce papers and has them served to the respondent. The respondent then has a certain period of time (10 days to a couple of weeks) to either file a response or appear at a scheduled court appearance.

If the respondent does neither, the court evaluates what the petitioner is asking for and issues a decision. A brief hearing is usually needed.

Process for a Contested Divorce

During the time leading up to the court date, all couples should try to agree where they can. Divorces are complicated, however, and sometimes it’s impossible for both partners to agree on everything.

If, after trying to reach an agreement and possibly working with attorneys or professional mediators, the two sides can’t work everything out, then the remaining issues will have to be decided in court.

Once the two parties reach an impasse, a contested divorce proceeds a lot like other civil trials. Both parties will gather and present evidence (including witness testimony) at a trial in support of their desired outcome.

In the end, the judge will decide how to resolve these matters and issue a binding judgment of divorce, ending the marriage.

Advantages of an Uncontested Divorce

There are two main advantages to an uncontested divorce—it saves you time and money.

Since uncontested or no-fault divorces have become accepted in the US, the courts in Texas have encouraged divorcing spouses to try to settle their differences out-of-court, using litigation as a last resort.

If a settlement is reached, it can be filed within a few weeks and approved by the court within a month. Compare this to the months and possibly years a contested divorce may take.

Uncontested settled divorces also save you money. If you can agree on everything without either partner hiring an attorney, that’s obviously going to be less expensive than having to hire a lawyer. Even if both spouses hire an attorney, however, avoiding a trial is going to save you a significant amount.

If your spouse does not respond to your divorce filing, your process will also be fast and inexpensive. There will be no negotiation, no trial and no conflict. Your legal fees will be extremely low just for document preparation and a brief court appearance. And your divorce will be processed quickly.

Divorce Courts in Denton County Texas

Deciding where to file for divorce in Denton County, you need to understand that not all courts review marriage dissolution cases. Therefore, it would be necessary to find a family law courthouse and submit your paperwork there. Here is a divorce court in Denton County that you may bring your case to:

Court Name: 16th District Court · 158th District Court · 211th District Court · 362nd District Court · 367th District Court · 393rd District Court · 431st District Court · 442nd District Court · 462nd District Court · 467th District Court · 481st District Court

Clerk Name: Sherri Adelstein

Court Address: 1450 E McKinney St. Denton, Texas 76202

Phone: (940) 349-2200

Clerk Hours: 8am-5pm

Cities: Alton · Argyle · Aubrey · Bolivar · Carrollton · Corinth · Denton · Drop · Elizabethtown · Frisco · Hebron · Hickory Creek · Highland Village · Justin · Krum · Lewisville · Little Elm · Mustang · Pilot Point · Pinckneyville · Ponder · Roanoke · Sanger · Stony · The Colony

Need help filing your uncontested divorce in Denton County? Contact Ready Divorce Service at: (940) 777-0068.