Uncontested Divorce in Bastrop and Austin Texas
There are two general procedures for divorce in Texas – contested and uncontested. Many spouses must follow the contested route, but an uncontested divorce is usually the better option when it is available. Even though uncontested divorces are simpler, it is proper to consult a competent family law attorney to ensure that the process and the outcomes will indeed be as simple as expected. Our specialized divorce lawyers at Anderson & Anderson are ready to consult and advise you, and are prepared to represent your interests should any difficulties arise.
What is an ‘uncontested divorce’ in Texas?
An uncontested divorce occurs when both spouses can agree to end the marriage and reach a clear consensus about the terms of the divorce. Even though it is only an option under certain conditions, an uncontested divorce is an easier, quicker and ultimately cheaper process than a contested divorce, which can end in a court trial and involves far more uncertainty. Critically, an ‘uncontested’ divorce does not mean that both parties to the divorce have to agree on everything from the very beginning. If the relationship meets the criteria for ‘uncontested divorce,' it is possible to use negotiation and mediation to settle the terms of divorce before filing the finalized divorce agreement as ‘uncontested’ legally.
It is also possible for an uncontested divorce to turn into a contested divorce as the terms are discussed. However, it is in the best interest of everyone involved to attempt reaching an uncontested divorce agreement where it is possible.
Do I qualify for an uncontested divorce in Bastrop or Austin?
Only certain people can qualify for an uncontested divorce. To do so, you and your spouse:
- Should not have any children who are below the age of eighteen
- Should not own property together
- Should not have retirement benefits to divide
- Should not have a bankruptcy case ongoing
- Should not seek alimony
- Should have spent at least six months living in Texas.
Additionally, both parties must want to end the marriage and must also agree to every issue and term in the divorce agreement.
How does an uncontested divorce work in Texas?
In an uncontested divorce, the two parties file their divorce papers simply and quickly, by completing and then filling in a set of forms that are unique to each county. It is not uncommon to have a family lawyer advise you when filling out these documents or to themselves draft the divorce agreements to attach onto them. After a 61-day ‘cooling off period,' the divorce will be finalized at a court hearing. Usually, these interviews are kept simple, although an attorney can represent you in case any complications arise so long as the judge finds the divorce agreement to be correctly filed and its terms reasonable, the divorce will be granted.
Do I need an attorney for an uncontested divorce in Bastrop or Austin?
Every divorce is different due to unique circumstances and the changing priorities of each party. If you are facing a divorce, even an uncontested one, it is essential that you speak with a family law attorney who can either ensure that everything is on track to go smoothly or assist you in overcoming the unforeseen obstacles that may arise. Our law firm specializes in all kinds of divorces.
The lawyers at Anderson & Anderson serve clients in Bastrop, Austin and surrounding areas.
You cannot afford to risk settling for less than the very best in legal representation when your future is at stake. At every stage of the uncontested divorce process, our family law attorneys will take you step by step and represent you in the best manner possible by sticking to your best interests.
Call Us Today at (512) 581-9099 for Quality Family Law Representation You Can Count On!
Anderson & Anderson Law Firm
710 Water Street
Bastrop, TX 78602
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and Defense Attorney in Bastrop County
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