Uncontested Divorce in Texas

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A divorce is said to be uncontested if there is nothing to fight over as the wife and husband agree with each other on a settlement. The divorcing partners reach a consensus regarding distribution of property and support and custody issues, if there are any children. Such dissolution results in saving a lot of money, time and stress for both the partners. Couples face different conflicts and different state laws are made to address these conflicts. The divorce laws vary from one state to another in the US. The court proceedings in Montana are not the same as in the case of Kansas. Similarly, Texas has chalked its own statue related to family laws. If any person wants to get separated from his/ her spouse in Texas without facing the lengthy courtroom proceedings, he/ she can choose uncontested divorce in Texas.

Here is a general description of the whole process of an uncontested termination in this state. Take a glance at the following points and prepare your case accordingly.

Role of a lawyer

In such case, it is observed that usually one of the divorcing partners hires a lawyer. The role of this lawyer is to prepare the essential paperwork. In any court proceeding, a lawyer can never represent both sides.

Let us take an example. Consider that in an uncontested divorce, the husband hires a lawyer. The role of this lawyer is to prepare and file the petition. Further, this lawyer has to draft the decree and the waiver of citation. This lawyer accompanies the husband to the court to approve the dissolution through the Judge.

In the above-mentioned example, the wife has to simply read and sign the waiver and the final decree. The wife is free to call the husband's lawyer and ask any queries. However, the wife must keep in mind that this lawyer would not work for her. She has the right to call another lawyer in order to ascertain that the divorce decree is fair for her and the settlement the divorcing partners have agreed upon, has been exactly mentioned in the decree.

Some key points related to Uncontested Divorce in Texas

  • The person filing the case is known as the Petitioner, while the other person is termed as the Respondent.
  • The residency criterion is that one partner should be a resident of the state and the filing county for a period of six months and three months respectively.
  • The Petitioner must serve his/ her partner with Original Petition for Divorce. The Petition should be filed with the District Clerk of the county court.
  • The fault grounds for divorce are:
    • Cruelty or inhuman treatment
    • Abandonment
    • Felony conviction and imprisonment for a period of 1 year or more
    • Confinement for insanity that cannot be cured, for more than 3 years
  • No-fault ground means that a marriage becomes insupportable due to the conflicts between the two partners to such an extent that it has destroyed the legitimate ends of the marriage and there is no scope for reconciliation.

Process of Uncontested Divorce in Texas

  • The petition is filed.
  • The waiver of citation is signed.
  • The final decree is developed and both divorcing partners sign it.
  • There is a 60 day waiting period. This implies that once a petition is filed, divorce cannot be granted for 60 days.
  • The husband or wife or both accompany a lawyer in the court.
  • In the court, the Judge approves the dissolution and signs the decree.

Procedure of divorce in the court

It is expected that only one of the divorcing partners should be present in the court. However, if both desire to be present, then this is also permissible. Generally, the lawyer schedules the court appearance and intimates the court clerk. The lawyer asks the divorcing partners some questions in front of the Judge. Some of these are as follows:

  • Name
  • Partner's name
  • County in Texas wherein you live
  • Marriage date and separation date
  • Have you signed the waiver of citation?
  • Have you signed the decree?
  • Is there any possibility of reconciliation?
  • Do the divorcing partners have any children?
  • Is the wife pregnant?

Waiver of citation

The case petition and the waiver of citation are mailed to the divorcing partner. When this divorcing partner signs the waiver, this is an acknowledgement that this partner has received the petition and there is no need to officially serve this partner. This waiver also permits the partner who signs it to remain absent for the final court hearing.

Important forms needed to begin an Uncontested Divorce

  • A Certificate of Dissolution or Annulment
  • A Verified Petition
  • A Utah Courts Cover Sheet for Civil Actions
  • A Motion and Affidavit and Application for Waiver of Court Fees
  • An Affidavit of Military Service
  • An Order Regarding the Respondent's Military Service

Once the Petitioner files these documents, he/ she must serve the other partner with a Verified Petitioner as well as the forms mentioned below:

  • The Respondent's Military Service Affidavit
  • An Acceptance of Service, Appearance, Consent and Waiver

After going through the vital information mentioned in this page, we are sure you will understand the various dimensions of your uncontested divorce in Texas. This will certainly help you a lot in undergoing the legal proceedings.

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