Who Can File For An Uncontested Divorce in Texas?

 Posted on September 14, 2023 in Uncategorized

While uncontested divorce is a simplified divorce process, it does not necessarily mean a “do-it-yourself” divorce. Do-it-yourself divorces often result in serious oversights and setbacks, including judges’ refusals to sign the required documents and approve the divorce. So, it is best to approach your uncontested divorce with the guidance of an experienced, diligent divorce lawyer in Fort Worth who can make sure all your spousal rights are being appropriately addressed.

Be aware that Texas divorce law restricts the uncontested divorce process to couples who meet the following criteria:

1. both spouses agree on the “grounds” for the divorce;
2. both spouses agree to end the marriage;
3. neither spouse has an ongoing bankruptcy case;
4. the couple doesn’t have minor children;
5. neither spouse owns property together and do not have retirement benefits to divide; and
6. neither spouse is seeking alimony.

WHAT IS THE RESIDENCY REQUIREMENT FOR AN UNCONTESTED DIVORCE IN TEXAS?

Note that divorcing spouses must also meet the residency requirement in order to file for divorce.

• At least one spouse must have resided in the state for at least 6 months before prior to filing
• You or your spouse must live in the county where you are filing for at least 3 months before you file

WHAT IS THE UNCONTESTED DIVORCE PROCESS?

The uncontested divorce process generally follows three steps:

1. Filing the basic forms – The required paperwork for divorce will depend on the county in which you are filing, but you should be prepared to fill out an “Original Petition for Divorce” and several other forms with the court clerk.
2. Serving the paperwork to your spouse – After filing the Petition for Divorce, you must “serve” it on your spouse (deliver the papers to them), after which they should file an “answer” to the petition within a specified period.
3. Finalizing the divorce – To complete the divorce, even in uncontested cases, Texas requires a 60-day waiting period before the judge can finalize the divorce (Tex. Fam. Code Ann. § 6.702.). The divorce becomes official when the judge signs the Final Decree of Divorce.

HOW A FORT WORTH DIVORCE ATTORNEY CAN HELP YOU KEEP YOUR UNCONTESTED DIVORCE ON TRACK

At the Law Office of J. Kevin Clark P.C., our uncontested divorce lawyers in Fort Worth absolutely encourage divorcing couples to find common ground and avoid fighting over child custody, property division, child support, and other issues. This can help you save significant time, money, and energy.

We have helped many people successfully obtain uncontested divorces in Fort Worth and surrounding counties. That being said, we have seen many a trial and error in different divorces, and we have seen in our experience that:

• Under the strain of a pending divorce, some couples may fail to consider all the implications of their agreements, which may lead to serious regrets and problems later on;
• It is common for couples to believe they can get an uncontested divorce, only to realize that they strongly disagree on key issues after all;
• Only those who have been married a short time, have no children, and few assets should consider DIY divorce in Texas; if you have tried this and run into problems, we may be able to help re-draft your documents so that they comply with the law.

Rest assured that regardless of the circumstances of your divorce, our Fort Worth divorce lawyer has the experience and professional knowledge to help you navigate the process and outcome of your divorce. We can help you pursue an uncontested divorce efficiently, or we might advise you to pursue a different approach as you realize you are dealing with an uncompromising spouse.

LET THE LAW OFFICE OF J. KEVIN CLARK P.C. FIND THE OPTIMAL APPROACH FOR YOUR CASE

In most cases, the best way to keep a divorce affordable is to get balanced, quality legal counsel as early in the process as possible. For those looking for a quick divorce, an uncontested divorce may be the best option for you. Our uncontested divorce lawyers at the Law Office of J. Kevin Clark P.C. will help you consider all your viable approaches to divorce, including collaborative law and mediation to resolve issues without inflaming conflict. We will welcome your call or email and make every effort to meet with you as soon as possible. Let’s pave the way for your next chapter together.