A Boutique Law Firm in Texas

Uncontested Divorce

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.

Benefits of Choosing Uncontested Divorce

Uncontested divorce can offer a faster, more cost-effective, and less stressful way to end a marriage compared to a contested divorce. By choosing uncontested divorce, both parties agree on all aspects of the divorce, including division of assets, child custody, and spousal support. This can lead to a smoother process and quicker resolution.

Benefits of choosing uncontested divorce include:

  • Lower legal fees
  • Less time spent in court
  • Reduced emotional stress
  • Greater control over the outcome
  • Quicker resolution

Our experienced family law attorney at Law Office of Lauren Cain can guide you through the uncontested divorce process and help you achieve a fair and amicable resolution. Call today to learn more about how we can assist you.

Common Mistakes in Uncontested Divorce

While an uncontested divorce is often a straightforward process, there are several common mistakes that individuals may make, which can complicate the proceedings or lead to unfavorable outcomes. Below are some of the most frequent pitfalls:

  • Failing to Fully Disclose Assets: One of the primary errors is not disclosing all marital assets. Failure to reveal certain assets can lead to legal complications and can undermine the agreement reached.
  • Inadequate Agreements: Sometimes, couples may rush through the agreement process, resulting in an incomplete or vague understanding of child custody, support, or property division.
  • Skipping Legal Help: Many individuals believe that they can handle the legal paperwork without professional assistance, which often leads to errors or omissions in critical documents.
  • Not Considering Tax Implications: Couples may overlook potential tax consequences related to asset division, which can have long-term financial impacts.
  • Underestimating Child Custody Issues: Failing to thoroughly consider and agree upon child custody and visitation arrangements can lead to significant conflicts in the future.

How a Collin County Divorce Attorney Can Help

A knowledgeable Collin County divorce attorney can provide essential assistance in avoiding these common mistakes:

  • Asset Verification: An attorney can help ensure that all marital assets, including hidden ones, are identified and disclosed, preventing future disputes or legal issues.
  • Comprehensive Agreements: Lawyers can facilitate in-depth discussions to ensure that all aspects of the agreement are clearly defined and documented, mitigating the risk of misunderstandings.
  • Expert Legal Guidance: Your attorney can review all legal documents before submission, ensuring compliance with Texas laws and minimizing the likelihood of errors.
  • Tax Considerations: Attorneys are equipped to provide insights into the tax implications of various decisions, allowing couples to make informed choices regarding asset division.
  • Child Custody Arrangements: A divorce lawyer can assist in crafting thorough custody and visitation agreements that serve the best interests of the children and address all concerns, thus reducing conflict post-divorce.

By enlisting the help of a seasoned divorce attorney, individuals can navigate the uncontested divorce process more effectively, avoid common pitfalls, and work towards an amicable resolution that works for all parties involved.

  • “I hired Lauren to do my divorce a few years ago & she got me exactly what I wanted!” - Patrick M.
  • “Mrs. Cain was very attentive and dedicated to my case... she saved my relationship with my children!” - T. A.
  • “Divorce is a difficult thing to go through so I was glad to have Lauren on my side.” - Todd G.
  • “I was getting a divorce and she was so kind and helpful. She guided me every step of the way.” - Bethany P.

    Supporting Texas Couples in Uncontested Divorce

    At Law Office of Lauren Cain, we provide comprehensive representation to clients who are seeking an uncontested divorce. If all issues have been agreed upon, attorney Cain will prepare an agreement that illustrates all the decisions that have been made between the spouses, including support, custody, and property division.

    It is a common misconception that one lawyer can represent both spouses who have agreed to all the terms of the divorce. Unfortunately, one lawyer representing both spouses would create a conflict of interest. We encourage every party to a divorce to obtain his or her own legal counsel to review the agreements we prepare to ensure that there are no concerns. Likewise, we regularly review any agreement prepared by the attorney representing our client’s spouse.

    We are careful to ensure that there are no terms that could leave our client at risk. If we find that there is language that could be detrimental to our clients, we advise them of the issue and explain the potential danger. When appropriate, we work to negotiate alternative terms or verbiage that better protects our clients’ interests.

    Talk to an Uncontested Divorce Attorney 

    Contact our office to schedule an appointment regarding your divorce concerns. You can reach us by phone at (214) 234-2622 or contact us online to get started. We offer new clients a 30-minute initial phone consultation at a reduced rate.

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