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Qualifying for an Uncontested Divorce in Texas

Qualifying for an Uncontested Divorce in Texas

By Frank Vendt |

Many divorcing couples seek the relative ease and affordability of an uncontested Texas divorce, but not every couple qualifies. If you are considering a Texas divorce, you need to know the factors that will qualify or disqualify you from obtaining an uncontested divorce.


There are several distinct factors that must be met to qualify for an uncontested divorce in Texas:

  • As a couple, you must agree to divorce on the grounds of insupportability.
  • As a couple, you must agree on child custody and visitation, your property and debt, the division of your assets, and all other legal issues pertaining to your divorce.
  • As a couple, you must agree that only one of you will retain legal representation.
  • Both of you must voluntarily sign all the pertinent divorce paperwork.

Although insupportabilitsounds like it may have something to do with one spouse’s refusal or inability to support the other, in Texas, insupportability means that both spouses are in so much conflict that neither has any reasonable expectation of reconciling the marital relationship. In many states, insupportability is referred to as irreconcilable differences or incompatibility.


In addition, these factors will disqualify you from obtaining an uncontested divorce:

  • If one of you strongly believes that your divorce should be based on the grounds of cruelty or adultery
  • If either you or your spouse has a bankruptcy case pending
  • If either you or your spouse had a child with a third party while you were married

Uncontested Divorce

If you and your spouse are both certain that you cannot reconcile your marriage and if you both agree that divorce is imminent, an uncontested divorce can save you a lot of time, money, stress, and heartache. Divorce in Texas is complicated, but an experienced family law attorney will go over your case with you and will help you decide whether you and your spouse qualify for an uncontested Texas divorce.

Consult with an Experienced Katy, Texas, Divorce Attorney

If you are considering a Texas divorce, it’s in your best interest to contact a skilled Texas family law attorney. Many couples desire the ease, affordability, and lack of drama that an uncontested divorce can afford. Your experienced Texas divorce lawyer will determine whether you can proceed with an uncontested divorce and will guide you accordingly. Your family law attorney will help you achieve as amicable a divorce as your situation allows.

To discuss your case with an experienced Texas divorce attorney, contact The Vendt Law Firm, P.L.L.C., today. Attorney Frank J. Vendt is committed to protecting your rights and to resolving your divorce as favorably as possible. To schedule a consultation with Mr. Vendt, call our office today at (832) 276-9474 or send us an email through our online contact form.