Divorce can be a difficult experience for the couple involved. It is the last act of a deteriorating marriage that can exact an emotional toll, particularly if young children are involved.

Divorce can be divisive and ugly, but not in all cases. As someone considering the dissolution of your marriage, you may want the process to be uncomplicated. You and your estranged spouse may agree that a long, drawn-out fight over alimony, child support, division of assets, and custody of children can be avoided if the divorce is uncontested.

You may have decided to legally end your marriage with your spouse. An uncontested divorce attorney in San Antonio, Texas, is the best person to consult about your legal options.

The divorce process varies from state to state, but it often begins when one party files a petition in court for dissolution of marriage. Irreconcilable differences in the marriage are often the stated reason, and you and your estranged spouse want the legal termination to be free of acrimony.

It is essential if you decide to proceed with an uncontested divorce that you and your estranged spouse agree on certain issues that will come up in the proceeding. The two of you should reach terms on property division, alimony, child support, and visitation schedules if one parent has custody of any children. This agreement is typically filed with the initial petition.

You can be the one to file the initial petition for dissolution of marriage. Your estranged spouse only has to sign a document waiving formal service of the divorce petition. This expedites the divorce process.

Depending on the court jurisdiction, you may be required to provide additional documents pertaining to your divorce petition, such as affidavits detailing your finances. Because the divorce is uncontested, it is typically granted quickly. In some states a judge may grant the divorce in as little as 31 days.  

This is based on you and your spouse reaching agreements prior to the divorce proceedings. If your estranged spouse declines to participate, the petition is served on your spouse. If there is no response, the spouse is considered in default and you may request the judge to rule on the divorce petition by default, which in most cases is granted.

You do have the option in some states to represent yourself in the uncontested divorce proceeding. However, you may discover later that your estranged spouse decides to contest the petition after all. You will not have access to an attorney’s expertise on issues related to divorce proceedings, including insurance benefits and enforcement of the provisions of the divorce judgment.

Even an uncontested divorce can be difficult for everyone involved. If you find yourself on the path toward the dissolution of your marriage, talk with an uncontested divorce attorney in San Antonio, Texas, about representation.