Uncontested Divorce in Texas

A divorce is said to be uncontested if there is nothing to fight over as the wife and husband agree with each other on a divorce settlement. The divorcing partners reach a consensus regarding distribution of property and support and custody issues, if there are any children. Such a divorce results in a saving of a lot of money, time and stress for both the partners.

Role of a lawyer in Uncontested Divorce in Texas

In such a divorce case, it is observed that usually one of the divorcing partners hires a lawyer. The role of this lawyer is to prepare the essential paperwork. In any divorce proceeding, a lawyer can never represent both sides.

Consider that in an uncontested divorce, the husband hires a lawyer. The role of this lawyer is to prepare and file the divorce petition. Further, this lawyer has to draft the divorce decree and the waiver of citation. This lawyer accompanies the husband to the court to approve the divorce through the Judge.

In the above mentioned example, the wife has to simply read and sign the waiver and the final decree. The wife is free to call the husband's lawyer and ask any queries. However, the wife must keep in mind that this lawyer would not work for her. She has the right to call another lawyer in order to ascertain that the divorce decree is fair for her and the settlement the divorcing partners have reached has been exactly mentioned in the decree.

Process of Uncontested Divorce in Texas

• The divorce petition is filed.
• The waiver of citation is signed.
• The final divorce decree is developed and both divorcing partners sign it.
• There is a 60 day waiting period. This implies that the after the divorce petition is filed, the divorce cannot be granted for 60 days.
• The husband or wife or both accompany a lawyer in the court.
• In the court, the Judge approves the divorce and signs the decree.

Procedure of divorce in the court

It is expected that only one of the divorcing partners should be present in the court. However, if both desire to be present, then this is also permissible. Generally, the lawyer schedules the court appearance and intimates the court clerk. The lawyer asks the divorcing partners some questions in front of the Judge. Some of these are as follows.

• Name.
• Partner's name.
• County in Texas wherein you live.
• Marriage date and separation date.
• Have you signed the waiver of citation?
• Have you signed the divorce decree?
• Is there any possibility of reconciliation?
• Do the divorcing partners have any children?
• Is the wife pregnant?

Waiver of citation

The divorce petition and the waiver of citation are mailed to the divorcing partner. When this divorcing partner signs the waiver, this is an acknowledgement that this partner has received the petition and there is no need to officially serve this partner. This waiver also permits the partner who signs it to remain absent for the final divorce hearing.

Divorce Papers