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Amicable Divorce in Texas: How It Can Save Money and Heartache

Sophia Merton
January 9, 2024

If you’re getting divorced, there’s a good chance you’re dealing with a wide range of extreme emotions, such as sadness, anger, anxiety, guilt, and resentment. In light of this painful experience, the idea of getting an amicable divorce in Texas might feel like a pipedream.

Getting an amicable divorce, however, can end up being the best move in the long run.

  • You can save money on legal fees, craft a better post-divorce outcome, and save yourself emotional distress when you get an amicable, uncontested divorce.

Working with your spouse to reach an agreement doesn’t mean you have to be friends, but it does mean you both need to be willing to make some compromises. While pursuing an amicable divorce demands significant emotional maturity from both parties, it is often well worth the effort.

What Does an Amicable Divorce in Texas Entail?

When you get an amicable divorce, it means that you and your spouse are willing to work together in order to create an outcome that is favorable for both of you. Instead of bickering over who gets to keep what or issues surrounding child custody, you are both actively cooperating with one another to create the best possible result for everyone involved.

couple working to divorce amicably in texas

As you might imagine, this is something that takes serious emotional maturity from both people. If both of you are committed to making it work, though, know that it really is possible to get divorced without endless, painful conflict!

Do you need to cite specific reasons for your divorce, or can you get divorced for any reason in Texas? Check out our guide to the grounds for divorce in the Lone Star State to learn more.

How Does an Amicable Divorce Help You Save Money?

If the thought of working in tandem with your soon-to-be ex fills you with unpleasant emotions, you’ll want to consider the financial ramifications that could arise if you aren’t willing to cooperate with them.

couple working to divorce amicably in texas

The more contentious a divorce is, the more likely it’s going to cost you more and take more time. Here are some of the ways that you can save money when you are willing to get divorced amicably.

Reduced Legal Costs

Perhaps the most compelling reason for getting an amicable divorce is that it can help you save money on lawyer's fees. When you’re involved in a contentious divorce, it’s possible the whole drama could end up as a lengthy legal battle. Once things move into the realm of litigation, the attorney’s fees are really going to start stacking up.

Keeping your divorce friendly and amicable is one of the best things you can do to keep the cost of divorce down. You can save some serious money if you are willing to file for a DIY divorce but be warned that this isn’t advisable in all cases.

In general, experts suggest that you get a lawyer when getting divorced if any of the following are true:

  • You and your spouse are in a high-conflict situation
  • Your marriage involved domestic violence
  • Your estate is complex
  • You have children and don’t agree on custody, support, and visitation
  • Your spouse already has a lawyer

On the other hand, you might be a good candidate for a DIY divorce if:

  • You and your spouse can agree on the most essential terms of the divorce
  • You and your spouse don’t have much in the way of assets and debts
  • You are willing to do a little research and learning to save money
  • You and your spouse are generally on good terms and can communicate effectively

Less Time in Court

This extends the previous point, but spending less time in court will save you money in the long run. Of course, the most obvious way that time in court racks up a bill is the hours your lawyer spends preparing and litigating your case.

couple shaking hands working to divorce amicably in texas

Beyond this, you have to think about the opportunity cost of a lengthy court battle. What else could you be doing with your time rather than preparing for and participating in stressful hearings? Could you be getting started rebuilding your life post-divorce, including getting your finances back on track?

There is a cost to everything we do, and, in many cases, whether to divorce amicably or not is a choice that both parties can consciously make. Of course, sometimes, a spouse is completely unwilling to cooperate in the process. In general, though, it is worth the effort to try and work with your spouse rather than against them during divorce.

Potentially Better Divorce Outcomes For Both Parties

If you go down the rabbit hole of a contested divorce and it ends up in court before you and your spouse reach an agreement, you leave your fate up to a judge.

  • This can have very real ramifications on your post-divorce finances.

You and your spouse know your own situation better than anyone else. If it’s possible for the two of you to reach an agreement on your own, there’s a good chance you’ll both end up with a more positive outcome than if you leave it up to the courts.

Curious to know how much you should budget for your upcoming divorce? Check out our guide to the cost of divorce in Texas.

How Does an Amicable Divorce Help You Emotionally?

Getting an amicable divorce in Texas isn’t just easier on your wallet– it’s also easier on your mental and emotional well-being.

The Process Will Be Faster

Once you’ve made the decision to get divorced, it’s understandable to want to get the process over as quickly as possible. If you aren’t able to get an amicable divorce, though, you’re gambling with the possibility that your case could drag out in court for an excruciating length of time.

couple working to divorce amicably in texas in front of glass door

If you and your spouse can reach your own agreements about important terms, however, you can keep the process as short and simple as the courts allow. In Texas, there is a mandatory sixty-day waiting period that pretty much all couples will have to go through before a judge will sign their Final Divorce Decree.

There are only a few exceptions to this waiting period, and they are quite specific. For this reason, you should assume that you will probably have to wait at least two months after your initial paperwork is filed before your divorce is finalized.

You’ll Have More Control Over the Outcome of Your Divorce

There are so many different aspects of divorce that can make it stressful and emotionally challenging. One thing that is likely weighing on your mind is how things like child support and custody, property division, and spousal support will pan out.

If you take your divorce to court, both you and your spouse ultimately relinquish control over the outcome of your split. Wouldn’t it be better if the two of you could reach a mutually beneficial agreement rather than leaving your financial and personal future up to a judge?

It Won’t Be Nearly As Stressful and Emotionally Draining

There are few things as stressful as a divorce. No matter how amicable things are, no divorce is ever easy.

That being said, getting an uncontested, amicable divorce can help reduce the emotional burden of divorce. Both parties can benefit when you keep things cordial as well as any children involved in the marriage.

It’ll Be Easier on Your Kids

It’s no secret that divorce can be hard on kids of all ages. When their parents split up, children can understandably go through a wide range of difficult emotions. Furthermore, divorce can also lead to behavioral changes, academic challenges, and even health issues in kids.

If you want to ensure the divorce process is as stress-free for your children as possible, do what you can to keep things amicable. Not only will it help ensure that the process doesn’t drag on any longer than it needs to, but your kids also won’t have to be witnesses to an extensive and difficult battle between you and your spouse.

It’ll Help You Retain Privacy During Your Divorce

While some of the benefits of an amicable divorce– such as reduced legal fees and less time in court– might be obvious, others are more easily overlooked. If you and your spouse take your divorce to the courtroom and battle it out, it means that a bunch of your dirty laundry is going to become a part of the public record.

If you’d rather keep your personal information and private life out of court documents as much as possible, an amicable divorce is the way to go.

Getting an Amicable Divorce in Texas

Getting an amicable divorce in Texas can help you save money, time, and heartache. While it may not be possible in all circumstances, it’s worth the effort to try and cooperate with your spouse to come up with a post-divorce outcome that suits both of you.

Are you searching for more info to help you navigate your divorce? Make sure you check out our Texas Divorce Laws blog.

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Written By:
Sophia Merton
Sophia received her BA from Vassar College. She is a researcher and writer that aims to help make the complexities of the legal system understandable to the layperson. Believing that people can be empowered by understanding their rights and responsibilities under the law, Sophia aims to offer accurate and well-researched information in straightforward and easy-to-digest legal articles.

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