General Process for an Uncontested Divorce in the state of Texas
To consider your divorce uncontested in the state of Texas, you and your spouse must agree on all of the applicable terms: property division, child custody, child support, and spousal support. If those conditions are met for your divorce, we would guide you through the following general steps in the process:
Petition is Filed: Together we would draft and file the Petition, which will include all of the terms you and your spouse have already agreed upon. Your spouse would need to be officially served.
Waiver of Service: If the other spouse agrees to the terms of the divorce, they may sign a Waiver of Service, which means they are waiving their right to be formally served with the divorce papers by a process server.
Waiting Period: In Texas, there is a 60-day waiting period from the date the Petition is filed before the divorce can be finalized.
Final Decree: Once the waiting period has passed, both spouses can sign the Final Decree of Divorce, which is a document that finalizes the divorce and includes all of the agreed-upon terms.
Submitting Final Decree to the Court: The Final Decree must be submitted to the court for approval and signature by a judge.
Divorce is Finalized: Once the Final Decree is signed by a judge, the divorce is finalized and the terms of the divorce become legally binding.
It is important to note that even in an uncontested divorce, it is highly recommended to seek legal advice from an attorney to ensure that all aspects of the divorce are properly addressed and the legal requirements are met. During your consultation, we can address your questions and concerns related to the specifics of your divorce.