Legal Term
Divorce

Uncontested Divorce Procedure

Contrary to popular beliefs, not all marriages end up in disagreements and fights. Not all divorce proceedings are full of hatred and adversity. Some divorce proceedings are peaceful where both parties mutually agree to separate and also reach an agreement as to the terms of the divorce. A majority of the divorce proceedings in the state of Texas happen outside a courtroom. It occurs when both parties are in agreement. These are uncontested divorces.

An uncontested divorce is an annulment procedure where both parties have reached a consensus to separate and agree on the principle issues around their separation including;

  • Both parties have decided to go ahead with the divorce
  • All parties have an agreement as on the division of property
  • Both parties have a deal in the matter of child custody and alimony.
  • No party involved should have an ongoing bankruptcy case.

However, some states do not allow uncontested divorce, where the parties have children under the age of 18 years.

Filing of an uncontested divorce.

The first step in filing for any divorce is meeting the state’s requirements of residency. In the state of Texas, you need to be a resident for at least six months before you can file for a divorce there. Furthermore, you must be a resident of the county of the divorce application for at least ninety days before filling. In failing to meet these requirements, the state will not have jurisdiction over your case, and the proceedings are contestable.

After meeting these requirements and the divorcing couple do not have children who are minors, the divorce process can then proceed.

The next step is the filling of the divorce papers. Several papers need to be filed and may need the help of an attorney. Even though it is an uncontested divorce, the use of a lawyer is critical in the process. If one plans to go ahead without an attorney, they are responsible for filing the correct documents with the particular court. Any error in this process and one can have their application thrown out of court and have to repeat the whole procedure.

Divorce forms

Your appointed Fort Worth divorce attorney will have to file the divorce papers which are available online or from the local courthouse. The paperwork to be filed and the fees, however, varies from county to county. Seek legal advice to ensure you file all the required documents.

The state of Texas has a 60 day waiting period for the process to be finalized. After the lapse of the 60 days, the court clerk sets a hearing with the judge whereby the final decree of divorce can be signed. A divorce process is only complete after the judge signs this document.

Conclusion.

The uncontested divorce is probably the cheapest way to get a divorce. However, it necessitates that both parties can communicate with each other civilly and agree on the issues surrounding the divorce. If parties involved are not able to reach a consensus, then a contested divorce proceeding has to be invoked.

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