Spouses who want an affordable and less stressful divorce often choose an uncontested divorce. This kind of divorce takes a shorter time to finalize and is more seamless compared to other types of divorce. Issues such as child custody can be resolved successfully in an uncontested divorce.
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Can You File An Uncontested Divorce With A Child
What Is An Uncontested Divorce Form In Texas With A Child?
For a divorce to be uncontested, the divorcing parties must agree on every issue. That includes agreeing on all matters involving child custody. These matters include:
- Visitation
- Primary custody of the child
- The ideal physical custody arrangements
- Visitation schedules
- Child support payments and more
Even when you can’t agree on a trivial matter, an uncontested divorce is not possible. Fortunately, you can go through mediation or arbitration instead of choosing to go to trial when you cannot agree on a certain matter. You can use mediation or arbitration to reach an agreement on a particular matter and then go ahead and have an uncontested divorce.
The only other alternative If these options don’t work, is going through a trial before a judge.
Uncontested Divorce With Children
How Does Divorce Work In Texas With Child?
Having an uncontested divorce with minor children involved requires filing additional paperwork for child support and child custody purposes. This paperwork must detail how you and your spouse are going to handle your child’s living situation after the divorce. You must also calculate an appropriate amount of child support the non-custodial parent will have to pay. You and your spouse must agree on:
- Who will provide the primary residence for the child (custodial parent)
- Where the parents will live
- Whether alimony is needed and who pays it
- Division of marital property
- How sharing of physical custody will be done
You can always consult a divorce attorney to help you file this extra paperwork correctly. Remember a judge will have to approve your agreement and one of the main things the judge will focus on is the best interests of the child.
Will The Judge Approve Your Divorce Settlement?
In an uncontested divorce, the divorcing spouses must reach a settlement and present it to the judge for approval. The judge has to approve the settlement for the divorce to be finalized. Typically judges only disapprove or intervene when the settlement is not fair to one party, or when there is an issue with the child custody arrangements.
The judge may intervene if the visitation plan doesn’t help the child maintain a good relationship with both parents in a healthy way.
Benefits Of Uncontested Divorce For Children
Parents benefit from an uncontested divorce because they get a speedy and amicable divorce at a lower cost without the stress. For the children, uncontested divorce protects them from the long-drawn-out battles that characterize other types of divorce. When parents negotiate in a mature way, the children don’t feel pressure to side with a parent or have to bear with constant arguments.
Since any kind of divorce that involves children is complex, it is advisable to involve an experienced attorney to help with the filing and negotiations. Your attorney will be able to identify any decisions that could become problems in the future and protect your rights.
