How do spouses in Texas arrange for an uncontested divorce?

On Behalf of | Jul 25, 2023 | Family Law

It is possible to group divorce processes into two main categories. Many spouses in Texas spend weeks or months preparing to file and negotiating with one another. The goal is to settle all of their disagreements before going to court to pursue an uncontested filing. Otherwise, those preparing for divorce will need to litigate, which means that a judge will decide how they share their community property and how to divide parental rights and responsibilities.

Contested divorce filings often cost more and take longer to finalize because a judge will need to learn about a family’s circumstances and then put together an order related to property division, custody and any other continued disagreements between the spouses. As a result, couples who hope to divorce quickly, less expensively and in a lower-stress capacity often wonder how they can reach a point where they can request an uncontested divorce?

Having an agreement in place

One of the easiest ways for spouses to file an uncontested divorce involves them already having an agreement about how they will handle parenting matters and property division. Marital contracts, like postnuptial agreements, provide direction regarding the distribution of marital resources and the obligation that spouses have to each other and shared children post-divorce. Those that have taken the time to create agreements before divorce court can potentially avoid conflict during the divorce process by deferring to their marital agreement.

Attempting alternative dispute resolution

There are several methods for resolving disagreements about divorce matters amicably outside of court. Arbitration is one such method, attorney-led negotiation and divorce mediation are others. Mediation has become very popular in recent years, as it gives spouses control over the outcome of divorce in a setting that encourages them to cooperate instead of fighting each other.

When alternative dispute resolution efforts are successful, spouses will sign an agreement affirming how they intend to split their property and handle any other disagreements. Compromise is usually necessary, but the control over the outcome and the reduction in expense can be very much worth whatever concessions someone needs to make.

Understanding how couples can go from deeply disagreeing to cooperating during the divorce process may help people employ informed approaches as they prepare for divorce court in Texas. Seeking legal guidance can provide clarity in this regard.