Guide to Uncontested Divorce in Texas

Divorce can often be an emotionally and mentally difficult time for both parties and the legal proceedings may feel to be just as taxing and draining, but it does not have to be. If you have an uncontested divorce in Texas and you understand what to anticipate, the divorce process can be seamless, relatively quick and inexpensive. This blog post will walk you through the An uncontested divorce is normally simpler and faster than a contested divorce, and it usually costs significantly less cash. In fact, according to USA Today, the typical cost of a contested divorce in Texas is $15,600 if no children are included and $23,500 if small children are involved. Whereas, an uncontested divorce generally costs a fraction of those figures.

What exactly are the terms of the divorce that must be agreed upon by both parties?

To have an uncontested divorce in Texas, both parties have to agree on all the terms of the divorce, including the division of property, division of financial obligations, child custody, visitation, child support, and alimony. If both parties can agree on all such applicable issues, without court intervention, then the divorce can be finalized without a trial. If an agreement can’t be made, the divorce will be a contested case and a trial in front of the judge must occur to complete the divorce.

There are several advantages to getting an uncontested divorce in Texas. Maybe the greatest advantages are that it can be much faster and less expensive than going through litigated divorce. An uncontested divorce can typically be finalized within 60 days, if minor children were born from the marriage, and in as little as ten days if the spouses don’t have minor children together. On the other hand, a contested divorce can take as little as 6 months to many years to complete.

Another advantage to an uncontested divorce is that it permits you and your partner to maintain control over the outcome of the divorce. In litigated divorce, the judge decides how to divide custody, support and property, and his or her choice may not be what either party desired. Nevertheless, in an uncontested divorce, you and your spouse are able to reach an arrangement on these problems yourselves, so you can be sure that the result will be reasonable to both of you.

Process of an Uncontested Divorce in Texas.

The primary step in getting an uncontested divorce in Texas is to ensure that you fulfill the residency requirements. To file for divorce in Texas, at least one partner needs to have resided in the state for a minimum of 6 months and in the county of filing for at least 90 days prior to filing for divorce.

You’ll need to collect all the required documentation when you have actually figured out that you fulfill the residency requirements. This consists of a Petition for Divorce and a Final Decree of Divorce. The Petition for Divorce is the file that begins the divorce process and must be submitted with the court. It includes info such as the premises for divorce, child custody arrangements, and property division. The Final Decree of Divorce is the file that officially ends the marital relationship and has to be signed by the judge.

You have a number of options when it pertains to dealing with the divorce procedure. You might employ an attorney to take care of your uncontested divorce. This option comes with the added cost of lawyer’s charges. Alternatively, you can manage it entirely by yourself. You are still required to submit all the required documents and all your divorce documents must be appropriately filled out, otherwise, the judge will not grant your divorce. A 3rd choice is utilizing a Texas online divorce service. This alternative permits you to handle your divorce without having to employ a lawyer, while ensuring you have the proper divorce documents for your circumstance and they are appropriately completed for the judge’s approval.

After you have actually collected all the needed paperwork, you’ll need to file it with the district clerk in your county. You can do this via efile, by mail or personally. You will also have to pay the county’s filing fee, which typically costs between $250-$350. When the paperwork has been filed, you need to either have your partner served with the Petition for Divorce or your partner can sign a Waiver of Service. If your partner will not sign a waiver of service, then when your partner is formally served with the divorce papers, he or she will have 21 days to file an answer. You can move for a default judgment if they do not respond within that time frame.

If you and your partner reach an agreement on all the key issues, then you can move forward with an uncontested divorce. You will need to prepare a Martial Settlement Agreement and an Agreed Final Decree of Divorce that integrates the Marital Settlement Agreement, which describes the agreed terms of the divorce, of division of assets, child custody and support, visitation, and spousal support (if appropriate). There are other papers that need to likewise be prepared and filed in your divorce case depending upon whetherchildren are involved. If you wish to handle your uncontested divorce yourself to save cash on lawyer costs, then utilizing a quality online divorce service will ensure you actually have all the required divorce documents and that they are filled out appropriately. As Soon As the Marital Settlement Agreement and Agreed Final Decree of Divorce is signed by both spouses, you are ready to start the final stage of finalizing your divorce.

Before any divorce can be finalized, there is a legally mandated waiting period of 60 days prior to the Judge being able to sign the final agreed divorce decree.

When the applicable waiting period has passed, you will need to appear in court for a brief hearing, called a “prove-up.” It’s described as a “prove-up” hearing due to the fact that this is where you prove up your divorce demonstrating that you meet the minimum requirements to get a divorce in Texas which all issues have been resolved. Usually, just the filing spouse is required to appear in court for the prove-up hearing. You will need to bring all your divorce documents, including your Marital Settlement Agreement and the Agreed Final Decree of Divorce, which the judge will sign, making your divorce complete.

Getting an uncontested divorce in Texas is a reasonably easy and uncomplicated procedure. Thus, if you and your spouse are able to reach an agreement on all crucial concerns, you will conserve yourself a lot of time, tension and cash.

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