What is an Uncontested Divorce in Texas?

Let our Houston Divorce Lawyers Explain

Photo of Decree of DivorceAn uncontested divorce is one in which both spouses agree on the divorce settlement. When one spouse files for divorce, he or she must file a divorce petition with the court, which must then be sent to the other spouse. To save time at the beginning of the divorce proceedings, the party receiving the divorce petition signs a waiver of citation, which states that he or she received the divorce petition and waives the right to be present at the final divorce hearing.

Divorce Proceedings in an Uncontested Divorce

Once the respondent spouse signs the waiver of citation, the petitioner will prepare a divorce decree and present it to the court during the divorce hearing. The court will then ask the petitioner a number of standard questions during the divorce proceeding, such as:

  • The county of residency
  • Dates of the marriage and separation
  • Whether there is a signed waiver of citation
  • Whether the divorce decree has been signed by both parties
  • Whether there is hope of reconciliation
  • Whether there are any children involved

Courts will typically approve any property division and alimony arrangements agreed upon by the parties. If there are children involved, the courts will more carefully scrutinize any child support or custody arrangements, including a review of the minor information form that must be filed by the petition under Texas Code § 152.209.

If the court approves the terms of the divorce settlement, a divorce will be granted more than 60 days after the date that the divorce petition was filed. If child support has been ordered, a child support account may be set up with the district clerk’s office.

When is an Uncontested Divorce Appropriate?

An uncontested divorce is appropriate when the spouses agree on the conditions of the divorce, including the following terms:

  • Property division
  • The distribution of assets and liabilities
  • Spousal support obligations
  • Child support and visitation arrangements

An uncontested divorce is often cost effective because there is less work that needs to be done by the attorneys and, in some instances, only one attorney is necessary.

Assisting Families Undergoing Divorce

If you are going through a divorce, the Houston divorce lawyers at John K. Grubb & Associates, P.C., are available to assist you. Obtaining the counsel of a Houston divorce attorney is important, even in uncontested divorce cases, to ensure that your rights are protected. For more information, contact a Houston divorce lawyer at our firm today.