Uncontested Divorce

Requirements for Obtaining an Uncontested Divorce in Texas

In Texas, couples who wish to pursue an uncontested or mutually agreed upon divorce must adhere to certain regulations. Initially, they must establish the court's jurisdiction by proving that one of them has lived in the state for a minimum of six months and in the county where the divorce petition is filed for at least three months prior to the filing. If they meet the residency requirement, they can pursue an uncontested divorce if they meet other eligibility criteria. They must both agree to terminate the marriage and confirm that neither of them requires spousal support. Furthermore, they must demonstrate that they have no minor children together and no joint property, including retirement benefits. Lastly, they must verify that they are not presently involved in any bankruptcy proceedings.

The Process of Seeking an Uncontested Divorce

Once all the necessary requirements are met, a couple seeking an uncontested divorce can enlist the aid of an uncontested divorce lawyer in Dallas to proceed with the process. One party must prepare and file a petition for a no-fault divorce in the appropriate county. This petition must then be served to the other spouse by an authorized person or delivered alongside a Waiver of Citation, which is a document confirming that the spouse does not contest the divorce and does not need to be personally served with the petition. If the other spouse agrees, they can sign the Waiver in front of a notary, and file it with the court. However, if the spouse declines to respond within the designated time frame, it is treated as an admission of the assertions in the petition.

In Texas, a divorce cannot be granted until at least sixty days have passed since the petition was filed. During this time, the couple can engage a Dallas uncontested divorce attorney to assist them in drafting and signing an Agreed Decree of Divorce, which details the terms of the marriage's dissolution. Once the sixty-day period has passed, the court will schedule a hearing to finalize the divorce, during which the court will review the filed documents and may ask questions to ensure the parties agree on all of the terms of the divorce. At the conclusion of the hearing, the judge will sign the Agreed Decree of Divorce, and the divorce will become final.

Speak with an Experienced Divorce Attorney

Although dissolving a marriage requires legal procedures, it doesn't necessarily have to be a convoluted and prolonged process. The attorneys at Wilson Whitaker Rynell are experienced in assisting individuals who seek to end their marriage and can provide guidance on the most suitable approach to proceed. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.