How to File for Uncontested Divorce in Texas
Yes, a divorce is a life-changing and often stressful undertaking, but there are options for making this legal action simpler and more peaceful. One option is to file for an uncontested divorce from your spouse.
On this page, we explain an uncontested divorce in Texas. At The Larson Law Office, PLLC, we provide customized and straightforward representation to families across Texas. Our attorneys, Diana and Erik Larson, will be with you every step of the way to make sure you have the best experience you can during significant changes in your personal life.
What Is an Uncontested Divorce?
An uncontested divorce is a divorce that the court finalizes without a trial or any disputes between the spouses. An uncontested divorce can happen in one of two ways:
- Agreed divorce—the spouses agree on all matters covered by the divorce, or
- Default divorce—there is no dispute because one spouse does not respond to the divorce filings after being served.
Uncontested divorces must follow the proper procedure. Below, we give a basic overview of what you can expect. We invite you to contact our firm for a discussion about what an uncontested divorce entails to do in light of the unique facts of your case.
Filing for Uncontested Divorce in Texas
Once the petition is ready to file, several documents other documents must also be filed with the correct court. An uncontested divorce is one avenue to end your marriage without a contentious trial.
Have a Discussion with Your Spouse
In an agreed divorce, you and your spouse must agree on everything your divorce decree will cover, including:
- How to distribute community property between the two of you;
- What custody rights and obligations each spouse will have for any minor children;
- Which spouse will pay child support and the amount they will pay,
- How you and your spouse will divide retirement and employment benefits;
- Which spouse will pay which debts incurred during the marriage; and
- Whether either spouse will pay maintenance to the other, in what amount, and for how long
You must agree on all applicable divorce matters before requesting an uncontested divorce. To protect your interests, you may want to speak to an attorney before you start negotiations.
If you do not believe your spouse will be involved in the divorce process at all, you may have an uncontested divorce by way of a default divorce. In this type of case, you must still file your paperwork with the court and deliver it to your spouse.
The Correct Court for Filing
The court where you file your case must have jurisdiction over you. First and foremost, you can file for divorce in Texas only if you or your spouse has lived in the state for at least six months. If you or your spouse meets the state residency requirements, you can file for divorce in any Texas county where either of you has lived for the last 90 days.
File Your Divorce Petition
The initial form you must file in a default or agreed divorce is your divorce petition. The petition tells the court in simple terms why you want a divorce. Before filing a petition, the filing spouse (the petitioner) must also serve standing orders in their county and include a copy of those orders with their petition.
Petitioners must pay a filing fee when they file their petition. The fee is typically several hundred dollars. However, a divorce petitioner could bypass this fee if they file a Statement of Inability to Afford Payment of Court Costs and prove they don’t have the means to pay.
Your Spouse Is Served with Your Petition
Whoever files for divorce must serve their petition on the other spouse. The petition must be delivered by personal service, which means having an authorized process server, constable, or sheriff personally deliver the paperwork. If a divorce is an agreed divorce, the spouse who isn’t filing (the respondent) can sign a waiver of service form and submit it to the court with their answer to the petition.
Your Final Decree of Divorce
In an uncontested divorce, the Final Decree of Divorce is the paperwork in which the spouses tell the court how they will resolve all divorce matters. In the paperwork, spouses present their terms for handling asset division, debt resolution, child support, spousal maintenance, and child custody. In an agreed divorce, both spouses must sign the final order.
Fill Out an Information on Suit Affecting the Family Relationship
An Information on Suit Affecting Family the Relationship gives the court basic information about your divorce filing and the children you share with your spouse. This form is filed with your final decree.
Go to Court
To prove up agreed divorces, one party must provide testimony about issues such as the facts of the case and the agreement’s fairness.
Finish the Waiting Period
Spouses must typically wait 60 days before the court will finalize their uncontested divorce. However, the process might take longer if you and your spouse struggle to agree. If the court approves your uncontested divorce, the judge signs your Final Decree. We can help you obtain a favorable result as reasonably soon as possible.
The Larson Law Office
Few legal matters are more personal than a divorce, and The Larson Law Office provides personalized service to Texans needing family law advice. We have decades of combined experience, and when you hire one of our attorneys, that attorney stays with you to answer your questions and address your needs from start to finish.
Give us a call or contact us online for information on how to file for an uncontested divorce in Texas.