Guide to an Uncontested Divorce

Guide to an Uncontested Divorce in Texas

Our team put together this blog to explain the process of filing and finalizing a divorce in Texas. This guide will help with the basics, but it is always advised that you hire an attorney for any legal proceeding.

Below are the steps involved in an uncontested divorce in Texas:

  1. Filing for Divorce

People may use various forms to file for divorce, but at the end of the day, they have the same basic information. This document is called the Original Petition for divorce. In this form, you identify yourself, your spouse, the reason for divorce, how property will be distributed (if any), etc. You should also include your desire to have your name changed to your maiden name. You may need to include a Health Insurance Availability form, UCCJEA form, and any standing orders your county may have. Filing fees for this can set you back around $300.

  1. Serving your Spouse

Once you've filed your divorce documents, your ex-spouse must be notified of the filing. This notification can be done through the local constable at the court or a private process server, or your ex-spouse can waive the requirement. With most uncontested divorces, service of process is waived, but if you end up having to do so, it will run you about $100. After your ex-spouse is served, they can respond to or dispute your petition.

  1. Reconcile Waiting Period

Sometimes people file for divorce as a way to let their spouse know that they're serious. In some cases, people end up reconciling, getting back together and wanting to dismiss their case. That's the purpose of this waiting period. Texas requires a minimum of 60 days from filing before any divorce can be finalized.

  1. Finalizing Your Divorce

After 60 days, you must draft your Final Decree. Again, some of these forms are free online. Essentially, these forms restate what your petition stated. After preparing your decree, you must appear before your court and prove your decree. This means entering testimony in front of the judge, indicating that you are who you say you are, you understand what finalizing a divorce means, and that everything you've filed is true and correct. Once this is done, the court will sign.

The above is an abbreviated discussion of the uncontested divorce process in Texas. For a more thorough review, please speak with one of our Richardson attorneys at G.J. Chavez & Associates, P.C.

Contact us at (972) 460-9300 today.