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Do you qualify for an uncontested divorce?

You often hear stories of divorce cases in San Antonio devolving into bitter disputes that take years to resolve. Yet not all cases proceed this way. If you and your spouse are able to work through the issues surrounding the end of your marriage amicably, yours may qualify as an uncontested divorce. Such cases (which are also known as simplified divorces) are often able to be resolved much faster than a traditional divorce case, and with less paperwork and potentially fewer fees. However, your case must meet certain criteria in order to qualify. 

In order for your case to be considered uncontested, the following qualifications must be met: 

  • Both you and your spouse want to end your marriage: If either one of you is hoping for a reconciliation, then the court may order intervention and marital counseling. 
  • You cannot have children together who are under 18 years of age: If you do, the matters of child custody and support must be ruled upon (even if you both agree on them).
  • Neither one of you is asking for alimony: An alimony award must be approved by the court to be considered binding.
  • You cannot own property together or have retirement benefits to divide: Marital property division is another element that must be reviewed and approved by the court.
  • You and your spouse cannot have an ongoing bankruptcy case: Your bankruptcy case must first be resolved before divorce proceedings can continue.

If your case meets these criteria, then the other requirements to be eligible for an uncontested divorce can be found in Section 6.301 of The Texas Family Code. Here, it states that you both must have lived in Texas for at least six months, and in the county in which you are seeking a divorce for three. 

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