Uncontested Divorce – What is it?

In my previous post we have discussed the basics of an uncontested divorce in Texas, and the Texas divorce forms that are typically used.

But what exactly is an uncontested divorce in Texas?  An uncontested divorce in Texas means that you have agreed on:

If all of the above are not agreed upon, then you may not have an uncontested divorce.  That doesn’t mean you have to give up on the agreed divorce, but it means you may need some help getting there, for instance mediation.

You may ask what the Court will accept as agreements.  The answer is just about anything you can come up with as long as it does not break the law, or is not totally crazy.

If all of the above are agreed to, then you are ready for an uncontested or agreed divorce.  You have a few choices:

  • A forms divorce or online divorce; or
  • A flat fee divorce

I will discuss the pros and cons of each of those in a later post, but typically an online divorce (or e-divorce) in Texas means you get your divorce papers online.  There is no attorney representation and it is up to you to get the papers filled out and filed with the Court.  This type of uncontested divorce will work anywhere in Texas.

On the flip side of that is the flat fee uncontested divorce.  In this case you are represented by an attorney who charges a one time flat fee.  Typically these fees do not include the filing fees.  The attorney will handle all the paperwork and accompany you to court to finalize your case.  This type of uncontested divorce will only work with attorneys in the counties around where you reside.

In my next post we will talk about the pros and cons of each type of uncontested divorce discussed above and answer a few more questions which may arise.

Talk to you soon!

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  1. Agreed Divorce - Flat Fee Divorce vs. Forms, pros and cons | Texas Family Law Blog - April 23, 2014

    […] my previous post in this series we discussed what exactly an agreed or uncontested divorce is.  While I […]

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