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Can you get an uncontested divorce in Texas?

On Behalf of | Oct 5, 2021 | Divorce |

You and your spouse don’t agree on much these days, but you do agree on one thing: Your marriage isn’t working.

You’d like to get through the divorce process as quickly and easily as possible. Is an uncontested divorce possible?

Texas limits uncontested divorces to certain situations

In many states, you can file for an uncontested (as opposed to a litigated) divorce as long as you and your spouse can agree on all the major issues. Texas marches to its own beat, however. In this state, you can only get an uncontested divorce if:

  • You and your spouse have no minor children together.
  • You have no property together.
  • You have no retirement plans that must be split.
  • Neither side is in bankruptcy.
  • Neither side is seeking alimony.

In other words, uncontested divorces are most convenient for couples who have little in the way of assets or debts and don’t have children.

If you don’t meet those requirements, however, you and your spouse may still take a relatively easy way out of your marriage by filing for a “no-fault” divorce on the basis that your marriage is “insupportable due to discord.” The process need not be long, complicated or messy as long as you and your spouse are willing to compromise and come to agreements about things like the division of the marital property, support and conservatorship over your children.

When you’re ready to get out of a bad marriage

When you’re done with your relationship, you know it. Now, you just need to get finished with the business of divorce. Learning more about your legal options can help you minimize your stress and get on with your life.