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Is my divorce eligible to be uncontested?
A divorce can usually be uncontested when both spouses agree on property, debts, children, and support, and both are willing to sign the necessary documents. Residency requirements still apply, and at least one spouse must have lived in Texas for six months and in the filing county for 90 days.
Agreement means both spouses accept the same terms: who keeps the house, how accounts and debts are divided, conservatorship and possession of the children, and the amount of child support. A general willingness to divorce is not enough if the details are still in dispute.
Texas can grant the divorce if the residency requirements are met, but the court's power over a nonresident spouse and property located elsewhere may be limited. The specific facts matter, and additional steps such as service by publication may be required.
A missing spouse does not necessarily prevent a divorce, but the case is no longer a simple agreed matter. Service by publication, alternative service, and default procedures may be needed. The court will require evidence that reasonable efforts were made to locate the spouse.


