What is an uncontested divorce?

An uncontested divorce is an agreement between both spouses (1) that  the marriage is to end and (2) to reach a mutually satisfying agreement regarding the final divorce settlement. This does not necessarily mean that the divorce is amicable, but merely that all disputes between the spouses will be resolved outside of the courtroom. An uncontested divorce offers the parties an opportunity to end the marriage quietly and with dignity.

As mentioned above, it is more than just an agreement to become divorced. In an uncontested divorce, the parties must be able to reach an agreement on EVERYTHING, including:

• child support/custody
• spousal support
• division of property/assets
• allocation of debt

Essentially, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden. There is no need for court hearings and a court is not needed to divide the assets or make determinations about spousal or child support or custody.

If an attorney is involved, he/she will only represent one of the parties. The primary function of the attorney is to prepare the necessary documents based upon the agreeemnt of the parties. Once the documents are prepared and after the 60-day waiting period, one of the spouses appears before the judge to prove-up (finalize) the divorce. 

"IHOP" talk: If the spouses are able to sit down (at an IHOP or somewhere similar) and reach an agreement on all issues of children, property and debt, and the issues are not too complex to work out one-on-one then an uncontested divorce may be ideal.

Can I be considered "married" when I didn't have a wedding?

As usual, with everything in life, it depends! A marriage by definition is a union between a man and a woman. Every state has different requirements with respect to becoming legally and statutorily married. The State of Texas recognizes only two types of marriages: ceremonial and informal. Texas does not recognize same-sex marriages.

Ceremonial: A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk. Each person applying for a license must appear before the county clerk, submit proof of identity and age, complete the marriage application, take the oath printed on the application and sign the application before the county clerk. A marriage license will be prepared. The marriage ceremony must be conducted within 30 days after the date the license is issued.

Informal (or "common law"): There are two ways to establish a common law marriage: 1. execution of a declaration (see below), or 2. the "three prong test": an agreement to be married, cohabitation (living together) in the state, and "holding-out" to the public as husband and wife. In a common law marriage, one element alone is not enough to establish the existence of a common law marriage.

A declaration of informal marriage must be signed on a form prescribed by the bureau of vital statistics and provided by the county clerk. Each party to the declaration must complete the information contained in the form. An oath will be administered by the county clerk, who will have each party sign the declaration, and execute the clerk's certificate to the declaration.  A declaration is prima facie evidence of the marriage of the parties. Texas Family Code Section 2.402-2.404. 

Cohabitation
Irregular shack-ups do not qualify as cohabitations. There is no timeframe requirement to establish cohabitation. Any amount of cohabitation may be sufficient.

Holding Out
Holding out requires more than isolated introductions. There must be a present intent of being married. In other words, there must be a general consensus that both persons are husband and wife. To prove this requirement, there must be clear and convincing evidence which could consist of :

• Oral testimony from either spouse that the community, employers and friends knew them as husband and wife;
• Oral testimony from credible witnesses stating that they considered the spouses to be husband and wife;  
• Bank records, loan applications, property deeds, leases, income tax returns and other transactions or public records that identified the spouses as husband and wife

Reasons to establish a common law marriage:
1. The right to a share of a deceased spouse's estate
2. The right to recover certain benefits: recover workers' compensation death benefits, survivor pension benefits or survivor Social Security benefits

Being in a common law marriage has the same legal effect as a ceremonial marriage. Subsequently, this type of marriage may only be dissolved by institution of a divorce. Either partner in a common law marriage has two years after a separation to file an action to prove that the marriage did exist.

"So, to bring us full circle - one may be deemed 'married' simply by one's actions and words."

"The Game"

Many of us have heard of situations where a man (or woman) financially and emotionally supported a child for a period of time to later find out that the child was not their own. Should that man (or woman) be reimbursed for the money it provided for the support of the child?