What Does Uncontested Divorce Look like in Texas?

No matter the circumstances that led to the breakdown of your marriage, pursuing a divorce is a stressful and emotional process for both spouses. If there is a great deal of conflict, you may worry about how you will come to a fair arrangement, especially if kids are involved. But what if you and your spouse are parting on decent terms, handling the process with respect? How does this scenario differ from the one we commonly think of, which often involves bitter or vindictive behavior on the part of one or both spouses?

Do you still need a lawyer in an uncontested divorce?

While it is possible to file for divorce without a lawyer in Texas, it is always wise to get professional counsel when you embark on legal proceedings. This is not only to make sure you understand the laws and regulations involved but also because many complications can arise during a divorce. It’s best to have someone on your side with the knowledge to assist you should an unforeseen obstacle arise.

What possible obstacles could complicate proceedings?

You and your spouse may start your divorce amicably, but tough decisions are ahead. Issues like property division and child custody often lead to contention.

Let’s say you have a 401k. What happens to the retirement money you have acquired during your marriage? You may feel that you worked for the money and it should legally go to you. However, Texas is a community property state, which means that the state divides all marital property—including retirement savings—equally between the parties of a marriage.

Child custody and child support arrangements are also problematic. What if you and your spouse can’t agree on terms? Or one party violates your co-parenting agreement? In order to resolve your issues, it is often advisable to consult a lawyer to help you mediate and resolve your issues. Speedy action is the surest way to minimize the impact such proceedings may have on your child. It’s crucial to get things moving toward a new normal as soon as possible, for the sake of all involved.

Divorce is difficult—even among friendly spouses.