Uncontested Divorce in Texas
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
Process of Uncontested Divorce in Texas
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:
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
Once the Petitioner files these documents, he/ she must serve the other partner with a Verified Petitioner as well as the forms mentioned below:
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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