El Paso Uncontested Divorce Attorney
Put a Board Certified Lawyer on Your Side
Attorney Heather H. Hall has over two decades of experience helping families navigate difficult situations. Born and raised in South Texas, Attorney Hall understands the community on a personal level and treats every client like family.
At Hall Law, we are passionate advocates for our clients. Our team works tirelessly to provide high-quality legal guidance to meet your needs. Whether you are researching your options or ready to file, we are here to help every step of the way.
Call our El Paso uncontested divorce lawyer at (915) 529-0233 for personalized legal counsel you can trust.
What Is an Uncontested Divorce?
Divorce is not “one size fits all,” which means there are many types of divorce cases. Generally, most divorces fall into two categories: contested or uncontested.
- Contested divorce cases usually happen when one or both spouses disagree on the divorce settlement. For example, if one spouse argues that they deserve physical custody of the children, but the other disagrees, the divorce is contested. This may also happen during the property division process or when determining alimony.
- Uncontested divorce is the opposite of a contested case, meaning both spouses agree on every point of the divorce settlement. Many uncontested cases never have to go to court and can be resolved with the help of a qualified attorney.
As a general rule, uncontested divorce cases are less expensive and take less time than contested cases, but there are no guarantees for how your case may progress. Sometimes spouses will agree on the divorce settlement initially but disagree on an issue later on during the process. This is normal, and many couples encounter obstacles along the way. The most important thing to remember is that an attorney can help you overcome issues that may arise during your uncontested divorce.
Uncontested Divorce in Texas
The most critical step in a divorce that makes the case “uncontested” is signing an agreement to skip the trial process and verify that you and your spouse agree on all divorce-related issues. Texas also offers spouses the option to file for an uncontested divorce if they meet specific criteria.
Spouses who qualify for uncontested divorce meet the following qualifications:
- Both spouses agree to the reason for the divorce
- They do not have children under 18
- Neither spouse is in an ongoing bankruptcy case
- Both spouses agree to end the marriage
- Neither spouse is seeking alimony
While an uncontested divorce is a viable option for many, it may not be the best choice for everyone. If you have young children under 18, you do not qualify for an uncontested divorce. This is because Texas courts must make the final decision on custody, visitation, and support based on what they believe to be the child’s best interests.
However, this does not mean that your divorce is contested. You may file an “agreed divorce” if both spouses agree to child support and custody and there are no prior custody orders related to your case. This is not an official uncontested divorce case, but parents of minor children may use this approach to avoid a lengthy trial to determine child custody and support.
Regardless of the type of divorce you file, you must meet the residency requirement. In Texas, one or both spouses must live in the state for at least six months before filing. Additionally, you and your spouse need to live in the county where you file for at least three months before filing for divorce.
Guiding You Through the Divorce Process
Uncontested divorces are less expensive and more streamlined than contested cases, but that does not mean they are easy. Divorce is complicated whether you agree on every issue or not. Separating your life together takes time, and it can be an emotionally taxing process even in the best of circumstances.
Hall Law works with clients to protect their interests throughout the divorce process. Our compassionate steam offers personalized strategies to fit your needs. We also have flexible payment options so you can get the counsel you deserve at a price you can afford.
Schedule your consultation today. Contact our El Paso uncontested divorce attorney for more information.
“She fought so hard for me and she was great in court.”- FT Bliss
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“She is the first person to talk to me with respect and the first lawyer I have had that was worried about me and my kids.”- Jorge
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