Posted by Mary E. Ramos | Uncontested Divorce
In an uncontested divorce, you and your spouse have to agree on everything. That type of agreement might be easy when you are discussing shares of a bank account or who gets the sedan, but what happens when you are getting an uncontested divorce with kids? The process can still be simpler and quicker than a typical divorce, especially if you are prepared for the steps involved.
This guide gives you general information about how to get an uncontested divorce with children in Texas. And when you are ready to get into the specifics of your uncontested divorce, we can lead the way. Ramos Law Group, PLLC, has decades of experience and focuses completely on family law matters. When you have a legal question about your family, we are the advocates who can answer.
Step 1: Make Sure You and Your Spouse Can Agree on Everything
Before you begin the uncontested divorce process, you should confirm that you and your spouse agree on every element your divorce decree will cover. Your agreement will likely need to include full details about the following:
- Child custody,
- Child support,
- The division of marital assets,
- The division of marital debts, and
- Spousal maintenance.
While the court does not have to award spousal maintenance to anyone, you and your spouse should discuss if either of you want maintenance payments. If one spouse wants maintenance, you must agree about the amount of the payments and how long they will last. Absent an agreement, there are several factors that a court must consider when deciding whether spousal support should be ordered.
Step 2: Verify You Meet Residency Requirements
Before filing for an uncontested divorce, you must first ensure that either you or your spouse meets the state’s residency requirements. One of you must have lived in Texas for at least six months prior to filing and in the county where you plan to file for at least 90 days.
Step 3: Prepare Your Divorce Petition and File It
To start, gather and complete the initial required documents, including the Original Petition for Divorce (petition). Your petition states your desire to dissolve the marriage and includes details about:
- Your marriage,
- Your children,
- The court’s jurisdiction over your case,
- Your separate property and debts,
- Your marital property and debts,
- Your child support desires
- Your spousal maintenance desires, and
- Your child custody and parenting time desires.
When you file your petition, you must pay a filing fee, which is normally around $365. However, you can avoid this fee if you prove that you don’t have the means to pay. You can prove your lack of means by filing a Statement of Inability to Afford Payment of Court Costs.
Step 4: Notify the Attorney General If Your Children Have Received Certain Public Assistance
Divorcing parents whose children have received Medicaid or TANF must send a file-stamped copy of their divorce petition to the Office of the Attorney General (Attorney General). You can send your petition to the Attorney General in one of two ways:
- By certified mail with return receipt requested, or
- By email.
Once you have delivered your divorce papers to the Attorney General (if applicable), you can move on to delivering your divorce papers to your spouse.
Step 5: Serve Your Spouse
Typically, you must notify your spouse about the divorce by personally serving them with the petition. Personal service can be done by:
- A sheriff,
- A constable, or
- A private process server.
When you file for uncontested divorce with kids in Texas, you can do away with the personal service obligation by having your spouse sign a Waiver of Service.
Step 6: Prepare the Final Decree of Divorce
When the court is ready to finalize your divorce, the judge will sign a Final Decree of Divorce (decree). In an uncontested divorce, you must prepare this document beforehand and include all agreements with your spouse regarding:
- Property division,
- Child custody,
- Child visitation,
- Child support,
- Spousal maintenance, and
- Any other relevant issues.
Both parties must agree to the terms and sign the decree. And to this decree, the parties must attach a Standard Possession Order form regarding their children. To ensure that your decree meets all legal requirements and properly protects your interests, you can have one of our experienced divorce attorneys review it.
Step 7: Wait for 60 Days
Texas law requires a 60-day waiting period before a divorce can be finalized. The court may waive this period if there was violence in the marriage.
Step 8: Attend a Short Hearing
After completing all necessary documents and fulfilling the waiting period, you must schedule a final hearing with the court. You must bring a completed Affidavit for Prove-Up of Agreed Divorce with Children that you signed in front of a notary and an Income Withholding Order for Support (regarding child support). If you had to notify the Attorney General about your divorce, you may need to contact a lawyer to determine your next steps.
If you have completed all the prior steps applicable to you, you can attend a hearing and must bring the following with you:
- Your spouse’s Waiver of Service;
- Your spouse’s completed and signed Waiver of Personal Appearance and Consent to Uncontested Trial by Affidavit form;
- Your completed and signed final decree (with required attachments);
- The Income Withholding Order for Support;
- Your completed, signed, and notarized Affidavit for Prove-up of Agreed Divorce with Children; and
- An Information on Suit Affecting Family Relationship form.
If the judge approves, they will finalize your divorce by signing your decree. You must send a file-stamped copy of the judge-signed decree to your spouse.
Call Us First
Before you file for an uncontested divorce in Texas with a child, your best move is to call a skilled and knowledgeable divorce attorney from Ramos Law Group. We are award-winning, and our founding attorney is board-certified in family law.
Contact us today by phone or by visiting our website.
Last Updated on July 3, 2024 by Mary E. Ramos
By submitting this form, I understand and agree that an attorney-client relationship with Ramos Law Group is ONLY established upon entering into a written fee agreement. I acknowledge that this submission is not a request for legal advice, and any information received in response will not constitute legal advice.
I also consent to receiving text messages from Ramos Law Group. I can text ‘STOP’ to opt out of text messages at any time. Please visit our SMS Terms of Service and Privacy Policy for more details.