Uncontested Divorce Attorneys

Flower Mound | Lewisville | Highland Village | Denton

What Is An Uncontested Divorce?

An uncontested divorce in Texas is when both spouses agree on all major divorce issues, such as property division, child custody, child support, and spousal support or spousal maintenance. This type of divorce may be quicker, less expensive, is more likely to benefit the divorcing spouses’ relationship after divorce, and may be less stressful than a contested divorce, where the spouses disagree on one or more issues.

Amie Peace

Over 20 Years of Legal Experience

Rated Super Lawyer 9 Times

Featured In Texas Monthly Magazine

4 Key Aspects of Uncontested Divorce in Texas:

Agreement on All Issues:

Agreement on All Issues:

Both parties must agree on all aspects of the divorce, including the division of property and debts, child custody and visitation, child and spousal support, and any other relevant matters. If a disagreement arises, the divorce may become contested.

Residency Requirements:

Residency Requirements:

At least one spouse must have lived in Texas for at least six months and in the county where the divorce is to be filed for at least 90 days before filing the divorce petition.

Filing Process:

Filing Process:

  •  Original Petition for Divorce: The spouse initiating the divorce (Petitioner) files an Original Petition for Divorce in the appropriate Texas county in the District Clerk’s office.

    Most uncontested divorces in Texas are filed on no-fault grounds, meaning the marriage is ending due to irreconcilable differences without assigning blame to either spouse, and maintaining the privacy of the divorcing spouses.

  • Waiver of Service: In uncontested divorces, the other spouse (Respondent) may sign a waiver of service, acknowledging receipt of the divorce petition without needing to be formally served by a process server in the right circumstances. If the Respondent in the divorce signs a Waiver of Service, the uncontested divorce process can be smoother and quicker than a contested divorce.

  • Divorce Agreement: A divorce decree is the written agreement detailing how the divorcing spouses will resolve all issues including property division, child support, child custody, debts and liabilities and any other issue. In Denton County, the Final Divorce Decree is filed with the court at the conclusion of the Texas divorce process.

  • Waiting Period: Texas law requires a 60-day waiting period from the date of filing before the divorce can be finalized. This is a mandatory waiting period, even in uncontested cases.

Agreed Final Decree of Divorce:

Agreed Final Decree of Divorce:

If an agreement has been reached on all issues, all legal requirements have been met, and an Agreed Final Decree of Divorce has been signed, the Divorce Decree and all required documents can be presented to the Judge to finish the divorce.  The Judge will review the required documents that have been submitted. If the Judge signs the Decree of Divorce, the marriage will be officially over.

Benefits of Uncontested Divorce:

  • Cost-Effective: Generally, an uncontested divorce can be less expensive because it avoids lengthy legal battles, attorneys preparing for hearing and trial, court appearances, and may therefore require less time from attorneys.

  • Faster Resolution: Without disputes, the process can move more quickly, allowing both parties to move on sooner.

  • Less Stressful: Reduces conflict and emotional strain, making it easier for both parties both during divorce and post-divorce, especially if children are involved.

Considerations in Uncontested Divorce:

  • Complex Financial Situations: If the couple has complex financial situations or significant assets, it may require the assistance of financial professionals or other professionals in addition to the divorce attorneys. An uncontested divorce may take longer than a simple marital estate, but agreement can be reached.

  • Complex Child Issues: If the divorcing parents have complex child support or complex parenting possession schedules, working with an experienced divorce attorney, experienced family law mediators, or other professionals can assist the parents in the divorce. Our Flower Mound experienced divorce attorneys have worked through unique child possession and child support issues including divorce when parents divorcing are realtors, divorce with parents who are firefighters, police officers, physicians and nurses, and pilots.

Schedule An Initial Consultation Today

These topics surrounding Texas uncontested divorce are not all of the considerations in an uncontested divorce.  If you and your spouse are considering an uncontested divorce in Denton County, Texas, it’s advisable to consult with a lawyer to ensure that the agreement is right and just and meets Texas legal requirements.  As long-time, knowledgeable Denton County divorce attorneys, the attorneys at Peace & Associates, PLLC are experienced with Denton County uncontested divorces, and the unique elements of Flower Mound, Lantana, Bartonville, Lewisville, Frisco, Little Elm, and Denton uncontested divorces.

To schedule a consultation with one of our Denton County experienced divorce lawyers, please contact us using this link: Contact Us or call us at 940-591-6006.

Amie S. Peace
Rated by Super Lawyers


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Amie S. Peace
Rated by Super Lawyers


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“We care about each and every one of our clients and the legal issues they bring to us for assistance with. Whether you need help and guidance with a divorce or family law issue, modifying custody orders, establishing an estate plan, or probate issue, we will treat you and your case with the respect and the priority it deserves.”

Amie Peace

Founder of Peace & Associates, PLLC

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