If you are hoping to file for an uncontested divorce in Texas, there are several conditions that would be considered grounds for such a divorce. An uncontested divorce is one in which there does not need to be a “reason” supplied, nor permission granted from the other spouse, for the divorce to occur. An uncontested divorce in Texas is the opposite of a contested divorce in which “grounds” have to be provided as a reason for the divorce.
In Texas, an uncontested divorce can be sought if the couple has already lived apart for at least three years. In other words, the law presumes that since the couple has been living as though they are already divorced, additional reasons as to why they should legally divorce do not need to be supplied. When both spouses are seeking the divorce and have reached a mutual agreement as to how property will be divided and custody issues resolved, that is also considered an uncontested divorce in Texas.
In a contested divorce, on the other hand, either one spouse does not want the divorce to occur at all or the two spouses cannot agree upon the terms of the divorce. In Texas, even a contested divorce is granted if a spouse has abandoned the other, a spouse has been convicted of or incarcerated for a felony, any kind of domestic violence has occurred, one spouse has an incurable mental illness, or there has been infidelity.
In either the case of an uncontested or a contested divorce in Texas, no one should ever finalize a divorce agreement without the legal counsel of an experienced family attorney. Even in the most amicable of situations, you will want to ensure that your best interests are protected and that the agreement you have reached with your spouse will stand up in a court of law. In addition, an attorney can assist you in incorporating into your divorce agreement any details that might have been overlooked but that could pose a difficulty for you in the future if not laid out in the agreement.
In cases where there is contention regarding the terms of the divorce, division of property, or custody arrangements, you will definitely want to have an attorney who understands all facets of family law in Texas serving as your advocate to ensure that you have the representation that you need in court.
If you are seeking either an uncontested divorce in Texas or anticipate that yours may be a contested divorce, consult with a knowledgeable family attorney as soon as possible. Your attorney can provide you with the legal counsel that you need to protect your rights.
Nunis & Associates provides a team of legal professionals who focus on the needs of each of our clients to help guide them through the complex legal system to achieve the clients’ goals. Whether handling a family law case such as an uncontested divorce in Texas, civil litigation regarding breach of contract, or consumer cases of fraud, Nunis & Associates can provide you with an attorney who will offer aggressive, professional representation. Call us at 512.236.9696 or contact us via the web at www.nunislaw.com.