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Uncontested divorce in Texas

While few in San Antonio go into a marriage thinking that it will end in divorce, statistics show that many will end up facing the reality of it. Indeed, data from the Centers for Disease Control and Prevention shows that an average of 3.7 of every 1,000 Texas residents divorced every year from 1990-2012. When couples start discussing divorce, a number of concerns can arise. Divorce proceedings can easily turn into a long, ugly process that takes a heavy emotional toll on all of the parties involved. Yet while sometimes circumstances will necessitate contesting a divorce, many couples can typically end their marriages in a relatively fast and easy fashion through an uncontested divorce.

An uncontested divorce is an option when both couples agree to a divorce. According to, the only things that would exclude one from seeking such a divorce would be the following:

  •          If a couple owns real property together.
  •          If a couple is currently going through bankruptcy.
  •          If a couple has biological or adopted children under the age of 18, or has a disabled child of any age.
  •          If the wife is pregnant, or has had a child by someone other than the husband during the marriage.
  •          If one side has specific grounds for the divorce.
  •          If one side wishes to seek alimony.

Should a couple meet these qualifications, an uncontested divorce could be an attractive option. The process of filing for such a divorce is streamlined, thus saving them time and money.

When couples do choose to go this route, however, it doesn’t preclude either side from needing an attorney. In fact, it’s encouraged that they seek legal counsel for help in drafting, reviewing, and submitting all documents related to their case. 

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