When couples end a marriage, they must decide issues such as asset and debt division, alimony or spousal support, and child custody, support, or visitation. If the spouses cannot agree on any or all of these issues, they face years of legal battles and having a judge determine the final outcome. These contested divorces can leave deep emotional and psychological scars on everyone involved. In Texas, however, more couples are choosing to avoid this stress by opting for uncontested divorces.
In an uncontested divorce, spouses make decisions about all major issues themselves. Some of the issues include the division of marital property, as well as assets and debts. If children are involved, they must also include a parenting plan that details each parent's responsibilities, custody, and support. They then file a divorce petition, as well as a settlement agreement with a court. If everything in the documents is in order, the judge will grant the divorce.
Uncontested divorces can:
- Cost Less – Even if both spouses hire attorneys, they spend less time with them hammering out agreements. They also spend less time in court, which saves money on court costs.
- Strengthen relationships – By the time a relationship ends in divorce, chances are the spouses' relationship is bitter. By working together, they may each come to trust each other and might actually part amicably. This is especially good if children are involved.
- Process Faster – Since all the decisions are made and the paperwork has been filed in advance, the judge can finalize the divorce faster.
- Help spouses stick to the final agreement – If the couple makes the decisions themselves, especially where parenting is concerned, it will be easier to follow the dictates of the final decree.
Uncontested divorce is not for everyone, however. If spouses are not able to get along, chances are they won't be able to make compromises, which is the main goal of an uncontested divorce. Another problem would be an imbalance of power. If one spouse has more money than the other, a higher paying job, or the potential to earn more income, they could have more influence over the other, especially in child custody cases, when child support payments are calculated. Domestic violence also makes uncontested divorce a bad idea. If one spouse has been the victim of emotional or physical abuse by the other, they may be intimidated into surrendering more than they want in certain decisions.
A divorce does not have to be difficult. An uncontested divorce can make the process quick, easy, and help both spouses move on to start a new life, possibly even as friends.