An uncontested divorce is the least expensive and hassle-free process. The prerequisite to being eligible for an uncontested divorce is that both parties agree to avoid trial. Cooperating on all divorce-related issues such as child support, custody, and division of property would simplify the process. After the spouses are in congruence on ending the marriage and the reason for the split, a petition can be filed. ..

Ineligibility for an uncontested divorce.

If one or more divorce-related issues cannot be resolved, couples who are unable to reach an agreement may need to file for a contested divorce. This process will take longer and cost more money. If any of the parties should wish to contest the court order, an agreed divorce option is out the door. If one or more of the parties wishes to finalize a divorce, it is important to have all of their children involved in order for an uncontested divorce to be a viable option.

Process of filing an uncontested divorce suit.

When preparing for a divorce, it is important to have accurate and up-to-date divorce documentation. This can include copies of all your marriage certificates, birth certificates, driver’s licenses, and other documents that prove your relationship. You should also have copies of all the financial documents that were used in your marriage.

When you receive divorce paperwork from your spouse, be sure to read it carefully. There may be important changes or updates that you need to know about before signing the papers.

The divorce process is complete.

Review of requirements.

If one of the spouses does not meet the residency requirements, they can still file for divorce, but their case will be more difficult to win.

Preparation of divorce documentation.

Once the residency requirements have been met, you can file for divorce. The divorce forms vary from county to county, so it would be helpful to contact your local court clerk to get clear direction on the correct forms for you. There are online services that offer these forms but make sure to confirm if they are right for your county. ..

If you are unable to pay the filing fee, you may apply for a fee waiver. If the court finds that you are unable to pay, it may order you to pay the fee. It is important to note that this route can have an additional hearing for the court to review your financial capacity and make a judgment on the waiver.

Delivery of divorce paperwork to your spouse.

If you and your spouse divorce, both of you will need to file a divorce petition. You will receive two copies of the petition, one for you and one for your spouse. You can deliver the papers to your spouse using a private service or process server, which will incur a fee. This option will require you to submit a return of service affidavit after delivery to confirm the papers were received by your partner.

Another option would be to deliver the papers yourself. If you do choose this option, and your spouse agrees to sign the papers, they will have to file a waiver of service form to admit receipt of the petition and have it signed before a notary.

Completion of the divorce process.

If your spouse has any plans to contest the divorce, they should file an answer as soon as possible. If they don’t, the court will automatically award a default judgment and proceed without their involvement. The process will take 60 days after a petition is filed. Once the divorce is finalized, the process is complete. ..

Do you need a lawyer to file an uncontested divorce petition?

No, you don’t need a lawyer to handle your divorce. There are many online resources that can help you complete the process on your own or with the help of a lawyer. It’s important to make sure the divorce agreement is fair to both parties, so it’s a good idea to have a lawyer review it. ..

Texas does not recognize legal separation, but being separated for at least three years is a qualification for divorce. ..

Conclusion.

When considering whether or not to file for divorce, it is important to understand all of the steps involved in the process. A family divorce lawyer or mediator can help couples reach favorable agreements and help to file the petition correctly while meeting all requirements.

Frequently asked questions.

In Texas, the 60-day waiting period for certain types of medical procedures is waived. This includes surgery, childbirth, and other major medical procedures.

If your spouse is convicted of domestic abuse, you are exempt from the waiting period for a new partner. ..

In Texas, annulments can be granted as soon as the marriage is annulled.

After a divorce is finalized, you will have to wait 30 days before you can remarry. ..