Not every divorce involves an irreconcilable couple or a courtroom proceeding. Uncontested.com allows you to get an online uncontested divorce in Texas to save time, money, and added stress during an already stressful period. Read on to discover more benefits of an online uncontested divorce, whether it’s an appropriate option for you, and if you qualify.
What is an Uncontested Divorce?
An uncontested divorce is one in which you and your spouse are in total agreement on each issue relevant to your specific situation. From division of property to child custody and beyond, you reach an agreement on all matters, alleviating the need for a trial or litigation. Also known as a no-fault divorce, an uncontested divorce is a faster, more affordable option for couples who have come to an agreement to end their marriage amicably with no fault falling on either person.
Is an Online Uncontested Divorce Legal in Texas?
This is a common question, so let’s alleviate any concerns immediately. An online uncontested divorce through a site like Uncontested.com is just as legal and binding in the state of Texas as a traditional, offline process. The only difference is the convenience of taking care of everything from your computer.
5 Benefits of an Uncontested Divorce
There are numerous benefits of getting an uncontested divorce in Texas (or any other state for that matter). Here are five substantial advantages over a contested divorce:
Greater Convenience
Uncontested divorces don’t involve the lengthy battle over possessions, property, or children that are commonplace with many contested divorce cases because you and your spouse have already come to an agreement on these issues. Uncontested divorces can also be completed exclusively online without the need for legal consultations, in-person paperwork filing (in many counties), or court appearances.
Less Money
In legal matters time is money. And since uncontested divorces can be completed much quicker without as much a
What Type of Divorce or Separation is Right? If you’ve weighed all your options and determined that you want to proceed with a divorce, here are the common types of divorce or separation available to you in Texas, along with their pros and cons: Uncontested.com (No Fault) Divorce – An uncontested divorce is one in which you and your spouse are in total agreement on each issue relevant to your specific situation. From division of property to child custody and beyond, you reach an agreement on all matters, alleviating the need for a trial or litigation. Also known as a no-fault divorce, an uncontested divorce is a faster, more affordable option for couples who have come to an agreement to end their marriage amicably with no fault falling on either person. You can also get an uncontested divorce online in Texas. Contested Divorce – A contested divorce is what most people think of when the term divorce is mentioned. A contested divorce is almost always handled in a court where a judge determines the outcome based on a trial. This is the longest and most expensive divorce option, but a necessary one in situations where the relationship has regressed beyond the point of productive communication and cooperation.Legal Separation – Legal separation allows couples to sever financial ties and live separately (usually for a specified time period) without legally ending their marriage. This is advantageous to couples want to keep the door open to a possible reunion, rely on their spouse for ongoing support, medical insurance or cannot get divorced due to religious beliefs.Mediation – Mediation is a process where you and your spouse meet with an agreed-upon neutral person (a.k.a. mediator) who acts like a negotiator offering a third-party perspective, eliminating obstacles to communication, and hammering out an agreement. Mediation is typically faster, cheaper, and gives you greater control of the outcome than litigation. #onlinedivorce #consciousuncoupling #texasla
In a best-case divorce scenario, you and your ex move forward afterwards, resume or rebuild your lives, and abide by the terms of the decree. But what happens if your spouse fails to comply with their court-ordered obligations? In cases like this, you’ll need to file a motion to enforce the divorce decree.Enforcing a divorce decree in Texas comes with its share of questions, including, but not limited to:When do I need to file a motion to enforce a divorce decree in Texas?How do I file a motion to enforce a divorce decree in Texas?How do I enforce a divorce decree from a different state?What are the remedies to enforce a decree of divorce in Texas?Continue reading to discover the answers to each of these questions.What is a Divorce Decree? A divorce decree is a court-issued document that marks the legal end of your marriage. The decree spells out the terms and each person’s obligations following the divorce. In an uncontested divorce, the couple reach a mutually agreeable decree. In a contested divorce, the decree is—you guessed it—contested. If either person violates or fails to abide by the terms and obligations, he or she can be found in violation. At this point, the impacted person can file a motion to enforce the decree.Filing a Motion to Enforce a Divorce Decree in TexasYou have two years from the date on which your decree was signed by the court to file a motion to enforce a divorce decree in Texas. The exception to this rule would be if a term in the decree involves an action that takes place at a later date. In this instance, the two-year period to file a motion would begin on the date that action occurs. For example, a decree might divide the proceeds from the sale of an asset (such as a house or car) that is sold two years after the divorce. If your ex-spouse sells the asset but doesn’t provide you with your share, you would have two years from the date of the sale to file a motion to enforce the divorce decree.
In a best-case divorce scenario, you and your ex move forward afterwards, resume or rebuild your lives, and abide by the terms of the decree. But what happens if your spouse fails to comply with their court-ordered obligations? In cases like this, you’ll need to file a motion to enforce the divorce decree.Enforcing a divorce decree in Texas comes with its share of questions, including, but not limited to:When do I need to file a motion to enforce a divorce decree in Texas?How do I file a motion to enforce a divorce decree in Texas?How do I enforce a divorce decree from a different state?What are the remedies to enforce a decree of divorce in Texas?Continue reading to discover the answers to each of these questions.What is a Divorce Decree? A divorce decree is a court-issued document that marks the legal end of your marriage. The decree spells out the terms and each person’s obligations following the divorce. In an uncontested divorce, the couple reach a mutually agreeable decree. In a contested divorce, the decree is—you guessed it—contested. If either person violates or fails to abide by the terms and obligations, he or she can be found in violation. At this point, the impacted person can file a motion to enforce the decree.Filing a Motion to Enforce a Divorce Decree in TexasYou have two years from the date on which your decree was signed by the court to file a motion to enforce a divorce decree in Texas. The exception to this rule would be if a term in the decree involves an action that takes place at a later date. In this instance, the two-year period to file a motion would begin on the date that action occurs. For example, a decree might divide the proceeds from the sale of an asset (such as a house or car) that is sold two years after the divorce. If your ex-spouse sells the asset but doesn’t provide you with your share, you would have two years from the date of the sale to file a motion to enforce the divorce decree.
Not every divorce involves an irreconcilable couple or a courtroom proceeding. Uncontested.com allows you to get an online uncontested divorce in Texas to save time, money, and added stress during an already stressful period. Read on to discover more benefits of an online uncontested divorce, whether it’s an appropriate option for you, and if you qualify.What is an Uncontested Divorce? An uncontested divorce is one in which you and your spouse are in total agreement on each issue relevant to your specific situation. From division of property to child custody and beyond, you reach an agreement on all matters, alleviating the need for a trial or litigation. Also known as a no-fault divorce, an uncontested divorce is a faster, more affordable option for couples who have come to an agreement to end their marriage amicably with no fault falling on either person.Is an Online Uncontested Divorce Legal in Texas? This is a common question, so let’s alleviate any concerns immediately. An online uncontested divorce through a site like Uncontested.com is just as legal and binding in the state of Texas as a traditional, offline process. The only difference is the convenience of taking care of everything from your computer. #uncontesteddivorce #uncontested #onlinedivorce #texasdivorce #Texasdivorcelawyer #trendingreels
Buying a House During a Divorce in Texas
Buying A House During A Divorce in Texas
The question as to whether a person can purchase a home during a divorce comes up so frequently it deserves its own section. Buying a house during a divorce in Texas is allowable, but not advisable. Referring back to the previous section, anything purchased while legally married is considered community property. So, if you buy a home before you’re officially divorced, your spouse would be entitled to half of the down payment as well as half of any increase in value enjoyed by the property up until the date of the divorce.
Buying a home during a divorce would also be fraught with difficulty since a spouse is automatically included on a home loan, needs to consent to credit checks, and must be present at closing. Even in the most amicable cases of uncontested divorce or mediation, unless the home is a gift, most spouses wouldn’t be willing to burden his or her own credit and go through the rigmarole of purchasing a home in which he or she won’t be living unless there is some opportunity for financial gain.
Even if you are in a situation in which your spouse is willing to do this for you, it’s recommended to wait until the divorce is final, if possible.
Contact Carrington Smyth PLLC today with additional questions about buying or selling assets during a divorce in Texas.
What’s Separate Property under Texas Law?
What is Considered Separate Property in Texas?
On the flipside of community property is separate property. Under Texas law, separate property is property owned before marriage, or acquired as a gift, inheritance, or part of a personal injury settlement during marriage.
Examples of Separate Property:
A gifted vehicle or property
Jewelry given to one spouse by the other
Retirement contributions made before marriage
A house or car purchased prior to marriage (However, if mortgage or car payments were made with community funds during marriage, the non-owning spouse can ask for reimbursement of a portion of the money spent for either.)
A property inherited from a family member
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