Bruce C. Zivley, Attorney at Law

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Is uncontested divorce right for you?

Divorce is always an emotional process, but it doesn't have to end in hostility and frustration. Sometimes a court hearing is inevitable, but uncontested divorce is another option for divorcing couples. Here is some guidance if you are debating whether or not an uncontested divorce is right for you.

An uncontested divorce takes place outside of court without the traditional legal proceedings. It may be right for you if:

· You know your needs and wants.

· You understand the Texas divorce process.

· You and your spouse are both willing to negotiate outside of court.

Willingness to negotiate is key. Even if you want to settle an agreement outside of court, an uncontested divorce will not work if your spouse doesn't want the same thing. However, if you are both willing to negotiate and discuss terms with each other, this may be a good option.

Keep in mind that there are a few criteria you need to meet. You cannot file for uncontested divorce unless at least one of you has lived in Texas for at least 6 months and has lived in the county in which you are filing for at least 90 days. You also must reach an agreement on all issues. If you agree on some issues but not all of them, your divorce cannot be uncontested.

Advantages of uncontested divorce

There are a few big reasons that divorcing couples look into this type of divorce. For one, it usually saves a lot of time and money. Traditional proceedings can be a very lengthy process that cost large amounts of money. Uncontested divorce is a shorter and less expensive alternative.

This form of divorce often leaves a divorced couple with less animosity during and after the process. Divorce is already a highly stressful time that can create tons of hostility between ex-spouses, so uncontested divorce can help to ease some of that.

Uncontested divorce is also personalized. You and your spouse have needs, concerns, and experiences that are completely unique from other divorcing couples. A judge will not be able to understand every nuance and detail of what you want out of the divorce and what's most important to you. By negotiating and reaching an agreement directly with your ex-spouse, you are able to create terms that work for both of you and your situation.

Uncontested divorce may not work for every couple, but it could save you time, money, and stress if you are both willing to look into it. A skilled family law attorney can help you decide if it is right for your situation and help you with the process if you choose this route.

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