San Antonio Uncontested Divorce Lawyer

Why File Uncontested?

Divorce is an emotional process no matter what. Filing uncontested can reduce some of the burden you are sure to face when ending your marriage.

The benefits of an uncontested divorce include:

• The process is faster
• The process is less stressful
• It costs less than a contested divorce
• You maintain control over the decisions made – not a judge

How Long Does an Uncontested Divorce Take?

In Texas, there is a mandatory 60-day waiting period after filing the initial petition before a divorce can be finalized. This waiting period applies to all divorces, including uncontested ones. While the waiting period sets the minimum time frame, the exact length of time it takes to complete an uncontested divorce depends on several factors, such as:

• Court Schedules: The court's availability to review and approve the paperwork can vary based on the county's docket and case load.
• Agreement Timing: How quickly both parties reach an agreement on all issues can also influence the timeline.
• Document Preparation: If all required documents are properly prepared and submitted without errors, the process will move more efficiently. Mistakes or missing information can cause delays.

What You Must Agree on to Have an Uncontested Divorce

The key areas that need to be settled include:

Division of Property and Debts

Texas is a community property state, meaning that most assets and debts acquired during the marriage must be divided equally between the spouses. However, couples can reach their own agreement on how to split their property as long as the arrangement is fair and reasonable. This includes the division of:

• Real estate
• Bank accounts
• Investments
• Retirement funds
• Vehicles
• Personal belongings
• Debt obligations (e.g., mortgages, credit card debt)

Child Custody and Visitation

The parents must agree on:

• Conservatorship (custody): Whether one parent will have sole managing conservatorship or both parents will share joint managing conservatorship.
• Visitation schedules: How the parents will divide time with the child, including holidays, vacations, and school breaks.
• Decision-making responsibilities: Who will make major decisions about the child’s education, healthcare, and religious upbringing.

Child Support

Texas law requires that child support be calculated based on a formula considering the noncustodial parent’s income and the number of children. However, parents can agree on an alternative support amount if the arrangement is in the child’s best interests and meets the minimum requirements.

The agreement should also outline how expenses like health insurance, childcare, and extracurricular activities will be handled.

Spousal Support (Alimony)

In some cases, one spouse may agree to provide financial support to the other after the divorce. The agreement must specify:

• The amount and duration of the support payments.
• Whether the support will be temporary or permanent.
• Any conditions for modifying or ending the support.

Contact Our Uncontested Divorce Attorney in San Antonio Today

If you are getting a divorce in Texas, you may want to consider getting an uncontested divorce for a quick and easy divorce. Our San Antonio uncontested divorce lawyers will give you all the information you need to make sure that you are choosing the right divorce option for you. We will support you every step of the way and make sure that you are happy with the final divorce settlement agreement.