Austin Uncontested Divorce Lawyer
Divorce does not always have to mean conflict. In Texas, an uncontested divorce, sometimes called an “agreed divorce,” offers couples a faster, less stressful, and more affordable path to dissolving their marriage. If you and your spouse agree on all major issues — including property division, child custody, and support — this option can help you move forward with dignity and efficiency.
At the Law Office of Ben Carrasco, we guide clients in Travis County, Williamson County, and Hays County through the uncontested divorce process with resolve and care. Board-certified in family law and educated at Stanford Law School, Ben Carrasco has established a reputation for expertly handling complex divorces in Texas. As an experienced Austin uncontested divorce lawyer, he will ensure that every legal detail is handled with the sensitivity it deserves.
Contact The Law Office Of Ben Carrasco, PLLC
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
What is an Uncontested Divorce in Texas?
An uncontested divorce in Texas means that both spouses agree on all terms of the divorce. Unlike contested divorces, which often involve lengthy litigation, uncontested divorces often finalize quickly and at a lower cost.
Common Criteria for an Uncontested Divorce
To qualify for this streamlined process, both spouses must agree on issues such as:
- Division of property and debts (including real estate, retirement accounts, and personal assets).
- Child custody and visitation schedules if children are involved.
- Child support amounts that meet Texas Family Code requirements.
- Spousal support (alimony), if applicable.
- No disputes about any material terms of the divorce.
If even one significant issue remains unresolved, the divorce is considered contested and will require additional court intervention.
Cost and Time Advantages
Uncontested divorces are typically:
- Less expensive: Legal fees are significantly lower because there is no litigation.
- Faster: Many uncontested divorces in Texas can be completed in months, depending on the court’s schedule.
- Less stressful: Avoiding courtroom battles reduces emotional strain for both spouses and children.
By removing unnecessary disputes, uncontested divorces allow families to focus on building stable futures rather than prolonging conflict.
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Why Choose an Uncontested Divorce in Austin?
For many couples, an uncontested divorce is the most practical and constructive way to end a marriage. Rather than spending months in litigation, spouses who can reach an agreement benefit from a process that is faster, cheaper, and less emotionally draining.
Key Advantages
- Lower Stress – Eliminates drawn-out disputes and minimizes conflict, which is especially beneficial when children are involved.
- Faster Resolution – Many no-contest divorces in Texas can be completed within a few months, compared to contested divorces that may take years to resolve.
- Reduced Costs – Legal fees and court expenses are substantially lower, making it a cost-effective option.
- Privacy and Control – Couples maintain more control over decisions instead of leaving outcomes to a judge.
When It Works Best
Uncontested divorce is most effective when:
- Both spouses want to avoid conflict and share a common goal of resolving matters quickly.
- There are no disputes about child custody, visitation, or financial support.
- Property division is straightforward (or already agreed upon).
- Parents cooperate on what’s best for their children.
Even in cases involving children, Texas allows uncontested divorce if both parents reach an agreement on custody and support. For example, a Texas uncontested divorce with a child requires parents to submit a parenting plan that complies with state guidelines, a step that bypasses unnecessary litigation.
By choosing an uncontested divorce and working with an experienced Austin divorce attorney, couples can prioritize cooperation over conflict. This approach reduces strain on families while saving valuable time and money.
Our Process for Uncontested Divorce in Texas
At the Law Office of Ben Carrasco, we simplify the divorce process for clients and ensure that every detail complies with Texas law.
Initial Consultation
We review your goals, confirm eligibility for an uncontested divorce, and explain what to expect.
Agreement Drafting
Our team prepares the necessary legal documents, including settlement agreements and parenting plans (if applicable).
Filing with the Court
We file your petition and ensure all required forms are submitted correctly.
Waiting Period
Texas law requires a minimum 60-day waiting period before a divorce can be finalized (with limited exceptions, such as family violence).
Court Approval
In most cases, only one spouse attends a brief court hearing to finalize the divorce.
Most uncontested divorces can be completed in approximately 60–120 days, depending on the county and court schedule. This efficient process, when facilitated by an Austin uncontested divorce lawyer, helps families move forward with certainty and stability.
How to Get an Uncontested Divorce in Texas
Not every couple qualifies for an uncontested divorce. Texas law requires that spouses meet certain conditions before the court will approve the process.
To file, both spouses must agree on all key issues:
- Property and debt division
- Child custody and visitation (if children are involved)
- Child support payments
- Spousal support (if applicable)
- Who will pay court costs and filing fees
If even one issue is in dispute, the case becomes a contested divorce.
Why Hire Ben Carrasco as Your Divorce Lawyer
Working with a lawyer who specializes in family law ensures that your case is handled correctly from start to finish. Clients benefit not only from efficiency in the uncontested divorce process but also from the security of knowing their agreements are legally enforceable and future-proof.
At the Law Office of Ben Carrasco, we bring superior credentials and local knowledge to every case we oversee:
- Board-Certified in Family Law – A distinction held by fewer than 1% of Texas attorneys.
- Stanford-Educated – Ben Carrasco combines elite training with over a decade of courtroom experience.
- Deep Local Experience – Serving families across Travis, Williamson, and Hays Counties.
- Personalized Service – We handle every case with professionalism, discretion, and compassion.
- Comprehensive Family Law Support – From uncontested divorces to complex litigation, our firm covers custody, property division, and spousal support matters.
FAQs About Uncontested Divorce in Texas
How long does an uncontested divorce take in Texas?
Most uncontested divorces can be finalized in 60–120 days, depending on the county court’s schedule. Texas law imposes a minimum 60-day waiting period from the date of filing, although exceptions apply in cases involving family violence.
What should I expect at an uncontested divorce hearing?
In most cases, only one spouse needs to attend a short hearing. The judge will review the settlement agreement, confirm that both parties have given their consent, and then sign the divorce decree. Hearings are usually brief and straightforward.
Do I have to go to court for an uncontested divorce?
Yes, but typically for only one short appearance. In some cases, especially when children are not involved, the process can be handled with minimal court time. In some counties, no court appearance is necessary and an agreed final decree of divorce can be submitted electronically to the judge for signature.
What is the difference between contested and uncontested divorce?
A contested divorce occurs when spouses disagree on one or more issues, requiring court intervention. An uncontested divorce means both parties agree on all terms, allowing for a faster and less expensive process. In an uncontested divorce, the spouses just need an attorney to “paper” their agreement and submit it to the court for signature. However, even “contested” divorces can be resolved through a negotiated settlement at mediation. Spouses who start the divorce process disagreeing on various issues still usually settle before a final trial.
Do I need a lawyer for an uncontested divorce?
Technically, no. However, consulting with an experienced uncontested divorce lawyer in Austin ensures your paperwork is filed correctly, your agreements comply with Texas law, and your rights are protected. Even in uncontested cases, errors in documentation can cause costly delays.
Get Started with an Austin Uncontested Divorce Lawyer Today
Divorce is never easy, but it doesn’t have to be overwhelming. If you and your spouse agree on the terms, an uncontested divorce provides a faster, more affordable, and less stressful resolution.
At the Law Office of Ben Carrasco, we handle the details so you can focus on moving forward. Whether your case involves children, property, or simply requires an efficient separation, our team provides trusted guidance every step of the way.
Schedule a consultation with an experienced Austin uncontested divorce lawyer today.