San Antonio Uncontested Divorce Lawyer

If you are seeking a divorce and have good communication with your spouse, an uncontested divorce might work for you. This type of divorce is a feasible alternative when you and your spouse agree about all of the issues you must settle. A San Antonio uncontested divorce lawyer could help you determine if this type of divorce is the right choice for you. Our divorce attorneys at Kimbrough Law could explain how an uncontested divorce works and guide you throughout the legal process with ease and confidence.

Who Can Pursue an Uncontested Divorce?

An uncontested divorce is available when you and your spouse want a divorce, agree that the marriage is not salvageable, and effectively work together to resolve all issues. To file for divorce, the law requires that at least one spouse has resided in the state for a minimum of six months and in the county for at least 90 days.

You qualify for an uncontested divorce if you and your spouse agree on all the issues you must resolve during the proceedings, which include:

• Distribution of marital debt
• A plan for appropriate child support
• Just and right division of your community property
• Spousal maintenance or an agreement to waive maintenance
• Parenting plans for possession and access of any shared children

You cannot get an uncontested divorce if you and your spouse disagree on any aspect of these issues.

You must submit these agreements to a judge for approval before a court will issue a divorce. It is wise to discuss the agreements first with a San Antonio attorney who could confirm that they are complete and in accordance with the laws regarding uncontested divorce.

The Procedure for an Uncontested Divorce

When you seek an uncontested divorce, a San Antonio lawyer could help you complete a Petition for Divorce and other supporting documents and file them with the court. You can file the documents online through eFile Texas or submit the package to the Bexar County District Clerk’s Civil Filing Department.

You must arrange for a third party to serve copies of the documents to your spouse, or your spouse must complete and file a Waiver of Service. Your spouse cannot file the waiver until at least 24 hours after you file the petition.

Texas Family Code § 6.702 requires a 60-day waiting period before a judge can issue a divorce decree. At the end of the waiting period, you must prepare a Decree of Divorce that includes your settlement agreement, which the judge will review at a hearing. If everything is in order, the judge will sign the divorce decree at the hearing.

Reasons to Seek a Contested Divorce Instead

A contested divorce offers different options and protections than an uncontested divorce. It is wise to thoroughly understand both options before choosing which one to pursue. A contested divorce requires a financial disclosure and valuation of community property. It may be the better choice when a couple has substantial assets or when one spouse has little knowledge of the couple’s financial affairs.

A contested divorce may also be wise when one spouse has little power in the marriage, as it could equalize the power dynamic and produce a more equitable result. An experienced lawyer in San Antonio could help you determine if you need a contested or uncontested divorce.

Consult an Attorney in San Antonio Before Seeking an Uncontested Divorce

You could represent yourself in an uncontested divorce. However, getting legal advice could help you protect your rights and those of your children and avoid costly mistakes that lead to delays. A San Antonio uncontested divorce lawyer at Kimbrough Legal could ensure you understand your rights and review your settlement agreements, guiding you through the divorce process. Contact us today to get experienced guidance with your uncontested divorce.