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Uncontested Divorce Texas


How Do I File for Uncontested Divorce Texas?

Unfortunately, uncontested divorce Texas cannot take place overnight. It is a process with several steps that will take months to complete. However, the better you understand the procedures, the easier and quicker it will be. Here is a guide to uncontested divorce Texas.

• Phase 1: Initial Filing

Uncontested divorce Texas already begins with an Original Petition for Divorce. File it with the court clerk of your district court.  Since this is an uncontested divorce Texas, serving the other spouse to inform them of divorce should be unnecessary. Instead, have the non-Petitioning spouse sign a Waiver of Service in front of a notary public. When filing, you’ll need to pay a large fee, around $200 depending on local law.

• Phase 2: The Wait

Law mandates that there be a 60 day wait before any uncontested divorce Texas reaching the hearing stage after the initial filing. During this time, the Marital Settlement Agreement should be developed. It will stipulate all the agreed upon terms of divorce and should be signed by both spouses. It will also include the Parenting Plain if minor children are involved.

This signing will complete the duties of the non-petitioning spouse, though since this is an uncontested divorce Texas it would be kind of them, not to mention in their best interest, to oversee the rest of the filing.

• Phase 3: Finalizing

At the date of the scheduled hearing, the petitioning spouse will bring a 6-page long Final Decree of Divorce, which the judge will look over and, if it meets approve, sign. Some other forms may be necessary, especially if minor children or other dependents are involved. 

Other forms may be required at the final hearing stage, depending on local law. Those additional forms include:

• Bureau of Vital Statistics Form, entering your divorce into the family relationship records;

• Military Affidavit, which either confirms or denies that a spouse is entitled to the full benefits of the Servicemembers Civil Relief Act;

• Financial Information Sheets, which must be turned in separately by each spouse;

• Special Warranty Deed to Transfer Real Property, which is necessary if any property was made out to both spouses and needs to be transferred to just one;

• Order to Withhold Income for Child Support, asking employers to withhold a portion of earnings for child support;

• Employer’s Order to Withhold Earning for Spousal Maintenance, asking employers to withhold a portion of earnings for spousal support.

Who Can Get an Uncontested Divorce Texas?

It should go without saying that the most important qualification to get an uncontested divorce Texas is being eligible for a Texas divorce. That means that one spouse has to have been a Texas resident for at least six months, judged continuously. 

Additionally, one spouse should have been a resident of the county that the uncontested divorce Texas is filed in for at least 90 days, judged continuously.

Uncontested divorce Texas is a No-Fault divorce action. “A conflict of personalities” is reason enough to qualify for divorce. Fault can also be ascribed for such grounds as adultery, abandonment, and cruel and inhuman treatment.

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