Uncontested Divorce FAQs

It is not uncommon for a couple who has decided to file for divorce to have numerous questions regarding the divorce process. In the state of Texas, once a couple files for divorce they have to wait 60 days for the divorce process to be finalized. Divorcing couples can use this time to come to an amenable agreement on all issues of their divorce, including spousal maintenance, child custody, property division and more. Providing the couple is able to reach such an agreement, they will be able to have a final decree prepared, signed and submitted to the court. The entire process can be completed after 60 days and will be over once the judge signs the decree and declares the divorce final. If both parties are unable to easily reach an agreement, or one contests the divorce, the entire process can take significantly longer to finalize.

If you wish to file for an uncontested divorce, we advise you contact an Austin uncontested divorce attorney from Menduni Martindill, PLLC as soon as possible. Our lawyers will be able to answer any questions you may have, review your situation, analyze your current needs and objectives, and advise you on how best to proceed. We know each client and case are unique. That is why we work hard to provide our clients with the professional, compassionate and effective legal service they deserve. Our firm has only one goal with regard to your uncontested divorce: to help you customize your uncontested Final Decree of Divorce so that it meets your individual needs and helps you protect your interests.

Over the years we have found many clients have questions about the uncontested divorce process and how it works. We have compiled some of our most common questions below:

Once I have filed for divorce, how long will it take for it to be finalized?

In the state of Texas, a divorce takes at least 60 days after the petition has been filed. In uncontested divorce cases, providing that the two parties are able to come to an agreement about all of the involved issues, our firm will be able to help you draft your final decree and submit it to the court in a timely fashion. If either party contests the divorce or the two parties are unable to come to an agreement, the divorce can take between 6 months and a year to finalize.

I am filing an uncontested divorce, will I still be able to get alimony?

There are specific requirements governing spousal maintenance (alimony) in the state of Texas. The first requirement which must be met in order to receive spousal maintenance is the determination of the financial resources of the spouse that is seeking maintenance, including the issues of community and separate property and the liabilities that have been apportioned to that spouse in the divorce, and that spouse's ability to meet the spouse's needs independently; the education and employment skills of each spouse in the divorce, and the time that would be necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, as well as the availability of the education or training, the feasibility of that education and training; the duration of the marriage; the age, employment history, earning ability as well as the physical and emotional health of the spouse seeking maintenance; a determination if acts have been taken by either spouse that resulted in excessive or abnormal expenditures or destruction, concealment or fraudulent disposition of community property or other property owned by both; as well as other factors. The firm can help you determine if you will be eligible for spousal maintenance per §8.052 of the Texas Family Code.

In uncontested divorce cases, is mediation required?

No. In an uncontested divorce both parties are usually able to resolve issues on their own and come to an amenable resolution in order to draft and submit the Final Decree of Divorce. Mediation is commonly employed in contested divorce cases where the two parties are unable to come to an agreement and the judge feels mediation services may help.

How does marital property get divided in the state of Texas?

Texas is considered to be a community property state. This means that the marital assets and property from the marriage are divided based solely on what is considered to be "just" and "right" , given the couple's unique and specific situation. Assets are not necessarily divided equally, but are to be distributed in an equitable manner based on a variety of factors, including the individual contributions of each spouse during the marriage. In an uncontested divorce, the two parties come to an agreement, on their own, as to who will get which assets and properties. The judge will finalize this agreement by signing the Final Decree of Divorce.

In an uncontested divorce, can my spouse and I share one lawyer?

No, only one party can be represented by a particular lawyer. You can, however, have one lawyer prepare all the necessary paperwork for your uncontested divorce. That lawyer would be able to draft your final agreement and decree, but they would only be allowed to advise one party. You are able to opt for no legal representation, however we advise you seek counsel from a knowledgeable uncontested divorce lawyer at our firm in order to help ensure your interests and rights are well protected.

How much will my divorce cost?

A contested divorce will cost more than if you are able to reach an agreement with your spouse and file for an uncontested divorce. Involving a court or judge in making decisions regarding your assets, child custody, and other divorce issues, as well as having to have an attorney present during all hearings, not to mention the additional paperwork that will be required, will all have a significant impact on your divorce expenses. In uncontested divorce cases, our firm offers flat fee packages which are a viable and inexpensive option for clients who will represtent themselves. We pride ourselves in providing high quality legal counsel in all types of divorce cases we represent.

Uncontested Divorce Attorney Serving Austin, Texas

Filing for divorce doesn't have to be a complex, difficult or lengthy process. Our firm specializes in representing clients in all types of divorce cases. We have extensive experience with uncontested divorce cases and have had much success helping clients obtain their divorce objectives and protect their interests. We work with each client personally in order to help us better understand the nature of your case, and thus provide you with the representation you require.

The success of our firm comes from our dedication and our commitment to helping clients with their uncontested divorce needs. We have received numerous recognitions for our work. One of which was that one of our primary lawyers was named as a Texas Rising Star by Texas Monthly Magazine, an honor afforded to less than 5% of all attorneys each year. In addition, all of our attorneys are active members of the State Bar of Texas Family Law Section and the Austin Bar Association Family Law Section.

If you have additional questions about uncontested divorce, or you need legal representation in divorce proceedings, we recommend you contact an Austin uncontested divorce lawyer at our firm as soon as possible.