WHAT IS THE DIFFERENCE BETWEEN “UNCONTESTED” AND “AGREED” DIVORCES IN TEXAS
Even if you and your spouse have agreed to the settlement of your belongings, to file for an uncontested divorce you must still meet specific criteria:
You and your spouse must agree on the reason for the divorce
You and your spouse both agree that the marriage needs to end
Neither you nor your spouse has an active bankruptcy case
You and your spouse have no minor children born during the marriage
There is no property jointly owned by you and your spouse, nor do you have any retirement benefits to divide
Neither you nor your spouse is requesting alimony
You do not qualify for an uncontested divorce in Texas if you and your spouse have minor children.
You may be able to divorce under the alternative “agreed” divorce if the following elements are met:
There are no court orders for support or custody of the minor children in place
You and your spouse agree on the division of all marital property, and also agree on child custody and child support “Agreed” Divorce The “agreed” divorce is an alternative for couples who have minor children with a final court order already in place on child support and child custody.