Houston Uncontested Divorce Lawyer
Finalizing Simple & Amicable Divorces
A divorce is often a contentious proceeding, stressful to the divorcing couple and their children. The stress can be decreased if the parties can agree on all the issues and avoid court intervention or a trial.
With this in mind, Texas provides a way for married couples to file an uncontested divorce in two situations:
- The parties agree on all the issues
- One party fails to file a written response to the petition for divorce that was filed with the District Clerk’s office under the correct cause number.
At the Law Offices of Frank E. Mann, P.C., our Houston uncontested divorce lawyer can help you navigate the process while protecting your rights and interests. We can represent you during the negotiation process and ensure that the paperwork is completed properly and represent you in the hearing before a Judge to get the agreement approved and finalized.
Call us at (713) 903-8112 today to take advantage of a free case evaluation.
The Uncontested Divorce Process
To file for divorce in Texas, one of the parties must have resided in the state for six months. The process begins when one party, the petitioner, files an original petition for divorce in the family law district clerk’s office where the petitioner or respondent has resided for at least 90 days.
The respondent is the term for the spouse who did not file the divorce petition. In an uncontested divorce, which is also referred to as an “agreed-upon” divorce, the respondent may file a Waiver of Service, signed and notarized, or a written answer. The parties then prepare and sign a final decree of divorce with the court in which they list all the terms they have agreed upon and the details of their agreement.
This should include:
- Division of assets
- Distribution of debts
- Child custody
- Child Support
- Medical Insurance on the Children
The document is provided to the court for its signature at a prove-up hearing where, in an uncontested divorce, only the petitioner has to appear. The court will approve the terms of the agreement if all required documents are filed and the agreement meets the requirements of the Texas Family Code. There are some cases where the court will review financial documents if it appears the agreement is unbalanced or unfair. We recommend hiring our Houston uncontested divorce attorney even if you and your current spouse are in agreement. We can ensure that your best interests are kept at the forefront of negotiations during the divorce proceedings.
The final divorce decree must be signed by the judge. The parties then must file it with the office of the district clerk. It is the final order with which both parties must comply.
An Uncontested Divorce by Default: When the Respondent Fails to Respond
If the Respondent does not file an answer to the petition within the required number of days after serving the Respondent and it must be on or after 61 days from the date the Petition was filed, the Court will likely sign and finalize it if it meets all of the legal requirements. It will be enforceable even though the Respondent never filed a written answer.
Contact Our Houston Uncontested Divorce Lawyer
To get started with a free case evaluation, reach out to the Law Offices of Frank E. Mann, P.C. Attorney Frank Mann has over 33 years of experience as a family lawyer. Our firm can help you move the process along swiftly so that you can move on with your life.