Uncontested Divorce in texas For Spouses In Agreement
Assisting Clients Throughout Southeast Texas
The term “uncontested divorce” most often references a divorce in which both spouses agree to end the marriage and have no disputes over property division, no financial disagreements, and usually no children or other contentious issues.
Uncontested divorces are appealing because of their low cost, minimal stress and expediency. In fact, true uncontested divorces can be completed by email, fax or regular mail, as well as in person. However, an uncontested divorce should still involve a lawyer to ensure legal compliance. At the Tracton Law Firm, PLLC , in Sugar Land, I guide clients through the uncontested divorce process and handle the legal and clerical aspects of ending a marriage.
How Long Does an Uncontested Divorce Take in Texas?
The timeline for an uncontested divorce in Texas can vary depending on several factors. Still, generally, it can take anywhere from 60 days to six months or more to finalize the process. Here's an overview of the typical timeline:
- Filing the Petition: The divorce process starts when one partner (the petitioner) files a Petition for Divorce with the appropriate Texas court. After filing, the petitioner must serve the other partner (the respondent) with a copy of the petition and a citation, which gives them notice of the divorce proceedings. The respondent then has a specific period to respond to the petition, usually within 20 to 30 days.
- Waiting Period: Texas law imposes a mandatory waiting period of at least 60 days after the petition is filed before a divorce may be finalized. This waiting period is intended to give couples time to reconsider their decision and potentially resolve any issues.
- Agreements and Forms: For an uncontested divorce, both spouses must agree on all the key issues, such as property division, child custody, child support, and alimony (if applicable). They must then complete and submit the required legal forms to the court. These forms include the Final Decree of Divorce, which outlines the agreed-upon terms of the divorce.
- Court Review: After all necessary paperwork is submitted, the court will examine the documents to ensure they comply with Texas law and accurately reflect the agreement between the spouses. If everything is in order, the court will typically approve the divorce without a formal hearing.
- Final Decree: Once the court approves the paperwork, it will issue a Final Decree of Divorce, officially terminating the marriage. This decree is typically signed by a judge and entered into the court records.
The time to complete these steps can vary based on factors such as court caseload, the agreement's complexity, and both parties' responsiveness in providing the required documents. In some circumstances, the divorce can be finalized within the minimum 60-day waiting period, while it may take longer in others.
You Need Legal Representation Even In An Amicable Split
Although both spouses might be in agreement on issues such as division of property or the transfer of business ownership, legal representation is essential to ensure that the divorce is legal and your rights are protected.
It’s important to emphasize that I can only represent one spouse in an uncontested divorce. It is not legal for an attorney to represent or advise both individuals in a divorce. The spouse that I do not represent is not forced to retain a lawyer, in effect selecting divorce Pro Se. However, this can result in people forfeiting rights they did not know they had, including spousal support, a division of pension benefits, income from real estate and other sources of income.
Is An Uncontested Divorce Right For You?
If you are interested in a low-cost divorce that takes a fraction of the time required for a contested divorce, call (281) 962-7738 or use the contact form to schedule a meeting with a Sugar Land uncontested divorce lawyer with more than 40 years of family law experience. During the initial consultation, I can review your situation and give you a straightforward assessment of how realistic an uncontested divorce is for you.