Lake Jackson Uncontested Divorce Lawyers
Effective and Results-Driven Lawyers Protecting Your Interests
Some marriages naturally end, and the legal process of separation does not need to be as high-tension as conventionally assumed. Uncontested divorce is a favorable option for married couples who are still on amicable terms and who mutually seek to separate. If you are seeking to file for uncontested divorce in Texas, put a team of effective and results-driven attorneys on your case today. Our team at JM Davis Law PLLC will protect your interests as we guide you through the uncontested divorce process, particularly as you draft your settlement agreement and fill out the appropriate forms with your spouse.
What Is Uncontested Divorce in Texas?
While divorce can be a lengthy and high-conflict process, some divorces may actually be swift and agreeable processes. In Texas, divorcing spouses who can still communicate and cooperate with each other may pursue uncontested or “agreed” divorce, where the spouses agree on all the terms of separation, as opposed to a contested divorce, where the spouses cannot agree on one or more issues.
The success of an uncontested divorce rests on both spouses’ ability to agree with each other on all divorce-related issues and sign an agreement to skip the trial process before a judge. This simplified divorce process is often quicker and cheaper.
In Texas, spouses have the option to file for fault-based divorce or no-fault-based divorce. A fault-based divorce would be if a spouse files for divorce due to the other spouse committing adultery or abandoning the marriage. To successfully file for an uncontested divorce, however, spouses must pursue no-fault divorce. (To learn more about what constitutes fault and no-fault divorces, as well as specific grounds for divorce, visit our Divorce page).
Who Can File for Uncontested Divorce in Texas?
The most basic requirement to file for any kind of divorce in Texas is that one spouse must have resided in the state for at least 6 months before filing. Additionally, either spouse must have lived in the county where they are filing for at least 3 months before the filing date.
Those who meet the following criteria may file for uncontested divorce in Texas:
- both spouses agree on the grounds for the divorce;
- both spouses agree to end the marriage;
- neither spouse has an ongoing bankruptcy case;
- the couple doesn’t have minor children;
- the spouses do not own property together and do not have retirement benefits to divide; and
- both spouses are not seeking alimony.
Uncontested Divorce in Texas with Children
As stated above, individuals who have minor children do not qualify for the uncontested divorce process in Texas. This is mainly because divorce negotiations related to shared children (child custody, child support, visitation) can become complicated and contentious. However, parents may be able to employ some elements of the agreed divorce process if:
- both spouses agree on all divorce-related issues, including child custody and child support; and
- there are no court orders for custody or support already in place.
What are the Steps for an Uncontested Divorce?
To file for uncontested divorce in Texas, spouses must complete a number of forms online or at their local courthouse. The following forms are required in the divorce paperwork:
- Civil Case Information Sheet
- Bureau of Vital Statistics Form
- Petition for Divorce
- Waiver of Service
- Certificate of Last Known Address
- Final Decree of Divorce
- Affidavit of Military Status
If the couple also has children under the age of 18 together, they must also file:
- Child Support Worksheet
- Income Withholding for Support Order
Note that the required paperwork to complete a divorce in Texas varies from county to county, so it is best to check with the local court clerk to determine whether they need to file additional forms. An experienced uncontested divorce attorney at JM Davis Law PLLC can also help with this process, as the firm has handled numerous divorce cases for Texas clients.
There is a 60-day waiting period in Texas for completion of a divorce, and even in uncontested cases, the state requires that at least 61 days pass before the judge can finalize the divorce. Afterwards, the court clerk will schedule a final hearing with the judge to complete the divorce. As long as the spouses have completed and filed all the necessary paperwork and the court finds that their agreement is reasonable, the judge will likely sign the Final Decree of Divorce. Be aware that the divorce becomes final only after the judge signs the final decree, which may not necessarily be the date of the court hearing.
Be aware that Texas law prohibits both spouses from remarrying a third party until at least 31 days have passed since they received the final, signed documents from the court.
Call Today to Get Started
If you seek to pursue uncontested divorce in Lake Jackson, Texas, contact JM Davis Law PLLC today to get started. While divorce can be a tough and lengthy process, uncontested divorce is a simplified option for cooperative spouses who still get along well. Uncontested divorce can be a quicker and less stressful process, as long as the spouses agree on the terms of their separation. Our family law attorney has worked with numerous clients on their uncontested divorces, so you can trust that our firm has the professional experience and skill you need to pursue your uncontested divorce.