What Is Uncontested Divorce in Texas?
An uncontested divorce in Texas occurs when both spouses agree on all major issues, including property division, child custody, and child or spousal support. This type of divorce typically avoids court hearings and can be finalized more quickly and affordably. Learn more about the uncontested divorce process and how our firm can help.
How the Uncontested Divorce Process Works
In any lawsuit, the other party is entitled to notice by citation. This means that you ask the clerk to make a citation explaining that the other party is being sued, and they have 20 days plus a Monday to file an answer. Citations are really not used in uncontested cases.
Step 1: File a Petition
If you and your spouse have agreed to an uncontested divorce, then the first step is filing a petition. Once a petition is filed, this starts the timer for the mandatory 60-day waiting period. A true uncontested divorce petition should be very straightforward, and it usually lets the court know that the parties will agree on the issues.
After the petition is accepted by the Court Clerk then it is given a cause number. After the cause number is assigned then the attorney can begin to draft the related documents for a divorce.
In an uncontested divorce, an attorney will draft a waiver of service. This essentially lets the Court know that you swear you have received the petition, you know that a divorce has been filed, and you do not need to be served by a process server or neutral third party. Since it is a sworn statement, it will have to be signed in front of a notary and be notarized.
Step 2: Draft and Sign Divorce Decree
The next step is the drafting and signing of a Final Decree. This is a court Order that explains all the agreements you and your spouse have made. Both parties need to sign this decree, and if there is more than one lawyer on the case, then all the lawyers too.
Step 3: Complete the Prove Up Period
The last step is called a “prove up.” This can happen as soon as the 60-day waiting period is over. Usually, only one party walks down to the Judge with their attorney. The attorney will ask a standard set of questions. Then, if the judge is satisfied with the testimony, the Judge will sign the Decree, and it will become a Court Order, and it will be filed with the Court. It’s good practice to make sure to get at least one certified copy while you are at the Courthouse because this ensures that the Order has been scanned in. That’s it, the divorce is finalized. Depending if there are auxiliary documents like deeds or vehicle transfers then those can be completed before or after the decree is entered, but you will be officially divorced once the Judge signs the Order.
Contact our San Antonio family law attorney to get started today.
