Uncontested Divorce Attorney in Collin County

Assisting Clients With The Uncontested Divorce Process in Collin, Denton, and DFW

Navigating the complexities of divorce can be very difficult, but an uncontested divorce offers many couples a simpler, more amicable path. At the Law Office of Lauren Cain, we aim to provide you with experienced legal guidance throughout this process, ensuring that your uncontested divorce is handled efficiently and effectively. Our Collin County uncontested divorce attorney is here to help you understand the requirements and timeline so you can confidently move forward.

Call the Law Office of Lauren Cain today at (214) 234-2622 or contact us online to schedule a consultation with our uncontested divorce lawyer in Collin County.

What is an Uncontested Divorce?

In an uncontested divorce, the spouses are able to reach an agreement on every issue that needs to be decided before the divorce can be finalized. This type of arrangement is clearly less combative than a traditional divorce and can provide a much more healthy and cost-effective solution. In addition, once all issues have been resolved and the required documents submitted to the court, the divorce can be finalized in as little as 60 days.

If there is any issue left unresolved the spouses cannot enter an uncontested divorce.  To resolve their differences, you may want to go through divorce mediation. In any event, it is important that each spouse seeks the advice of a reliable Frisco uncontested divorce attorney.

Uncontested Divorce Requirements in Texas

An uncontested divorce is fitting for couples who agree on all key issues, which include property division, child custody, child support, and spousal support. In Texas, there are specific requirements that will need to be met for a divorce to be considered uncontested:

• Residency Requirements: You or your partner must have lived in Texas for at least six months and in Collin County for at least 90 days before filing for divorce.
• Agreement on Major Issues: Both parties must be in full agreement on all significant matters. This includes the division of assets and debts, child custody and visitation schedules, child support amounts, and any spousal maintenance.
• No-Fault Grounds: Texas allows for no-fault divorces, meaning that the marriage can be dissolved without confirming wrongdoing by either party. The most common ground cited is "insupportability," which means the marriage cannot continue due to conflicts or disagreements that cannot be resolved.
• Filing the Appropriate Forms: Specific forms must be completed and filed with the court to initiate an uncontested divorce. These include the Original Petition for Divorce, Final Decree of Divorce, and any additional documents Collin County requires.
• Waiver of Service: In an uncontested divorce, the spouse who does not file the divorce petition must sign a waiver of service, indicating that they acknowledge the divorce proceedings and do not need to be formally served with papers.
• Finalizing the Divorce: After filing the necessary paperwork and meeting all requirements, the court will review the agreements. If everything is in order, the judge will sign the Final Decree of Divorce, officially ending the marriage.

How Long Does an Uncontested Divorce Take?

The timeline for an uncontested divorce may vary based on several aspects, but it is normally faster than a contested divorce. Here is an overview of the process and typical duration:

• Filing the Petition: The process begins when the Original Petition for Divorce is filed with the court. This sets the legal proceedings in motion.
• Waiting Period: Texas law mandates a 60-day waiting period from the date the petition is filed before a divorce can be finalized. This period allows for the possibility of reconciliation or further negotiation if needed.
• Review and Approval: During the waiting period, both parties should review and finalize their agreement on all issues. This includes drafting and signing the Final Decree of Divorce. Any necessary financial or custody documents should also be prepared.
• Court Approval: A hearing will be scheduled once the waiting period has passed and all documents are in order. In many uncontested divorces, this can be a brief and straightforward process. The judge will review the agreements to ensure they meet legal standards and are fair to both parties and any children involved.
• Final Decree: After the judge approves the agreements, the Final Decree of Divorce will be signed, officially ending the marriage. Copies of the decree should be obtained for both parties' records.