Divorce can often be an emotionally and mentally stressful period for both spouses and the actual legal proceedings may seem just as difficult and tense, but it doesn’t have to be. If you are considering an uncontested divorce in Texas and you know what to expect, the divorce procedure can be easy, relatively fast and easy on your wallet. This blog post will guide you through the process According to USA Today, the average expense of a contested divorce in Texas is $15,600 if no children are included and $23,500 if minor children are included. Whereas, an uncontested divorce usually costs a portion of those figures.

What 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 issues of the divorce, including the division of property, division of debts, child custody, visitation, child support, and alimony. If both parties can agree on all such relevant issues, without court intervention, then the divorce can be finalized without a trial. If an agreement can not be reached, the divorce will be a contested case and a contested hearing in front of the court will be required to complete the divorce.

There are a number of advantages to getting an uncontested divorce in Texas. Perhaps the most significant benefits are that it can be much faster and less costly than going through a contested divorce. An uncontested divorce can generally be finalized within 60 days, if minor children are involved, and in as short as 10 days if the spouses do not have minor children together. On the other hand, a contested divorce can take as little as 6 months to several years to complete.

Another advantage to an uncontested divorce is that it permits you and your partner to preserve control over the result of the divorce. In litigated divorce, the judge chooses how to divide custody, support and property, and his or her choice might not be what either party desired. Nevertheless, in an uncontested divorce, you and your spouse are able to come to an arrangement on these problems yourselves, so you can be sure that the outcome 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 meet the residency requirements. To get a divorce in Texas, at least one spouse must have lived in the state for a minimum of 180 days and in the county of filing for a minimum of 90 days prior to filing for divorce.

When you have actually identified that you meet the residency requirements, you’ll have to collect all the necessary documents. This includes a Petition for Divorce and a Final Decree of Divorce. The Petition for Divorce is the file that starts the divorce procedure and must be filed with the court. It consists of details such as the premises for divorce, child custody plans, and property division. The Final Decree of Divorce is the file that formally ends the marriage and needs to be signed by the judge.

You have several alternatives when it concerns handling the divorce process. You might hire a lawyer to handle your uncontested divorce. This option entails the added expenditure of lawyer’s costs. Additionally, you can handle it entirely on your own. You are still required to file all the necessary paperwork and all your divorce papers have to be appropriately filled out, otherwise, the judge will not approve your divorce. A 3rd option is utilizing a Texas divorce online service. This alternative permits you to handle your divorce without needing to work with a lawyer, while ensuring you have the right divorce papers for your situation and that they are appropriately prepared for the judge’s approval.

After you’ve collected all the necessary documentation, you’ll be required to file it with the district clerk in your county. You can do this via efile, by mail or in person. You will also have to pay the county’s filing charge, which typically costs in between $250-$350. Once the documentation has actually been submitted, you must either have your partner served with the Petition for Divorce or your spouse can sign a Waiver of Service. If your spouse will not sign a waiver of service, then once your partner is officially served with the divorce documents, he or she will have twenty-one days to file a response. You can file for a default judgment if they do not file a response within that time frame.

You can move forward with an uncontested divorce if you and your spouse reach an arrangement on all the crucial problems. You will be required to prepare a Martial Settlement Agreement and an Agreed Final Decree of Divorce that incorporates the Marital Settlement Agreement, which describes the terms of the divorce, consisting of division of marital property, child custody and support, visitation, and spousal support (if appropriate). There are additional documents that need to also be prepared and filed in your divorce case depending upon whether or notchildren are involved. If you want to manage your uncontested divorce yourself to save cash on legal representative costs, then using a quality online divorce service will guarantee you actually have all the required divorce documents and they are completed correctly. When the Marital Settlement Agreement and Agreed Final Decree of Divorce is signed by both parties, you are ready to begin the final stage of settling your divorce.

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

Once the applicable waiting duration has actually passed, you will be required to appear in court for a short hearing, called a “prove-up.” It’s referred to as a “prove-up” hearing since this is where you prove up your divorce demonstrating that you satisfy the minimum requirements to get a divorce in Texas which all problems have actually been solved. Usually, only the filing spouse needs to appear in court for the prove-up hearing. You will be required to bring all your divorce documents, including your Marital Settlement Agreement and the Final Decree of Divorce, which the judge will sign, making your divorce official.

Getting an uncontested divorce in Texas is a straightforward and relatively simple procedure. Therefore, if you and your spouse are able to reach an arrangement on all key issues, you will save yourself a lot of time, money and tension.