Posted by Mary E. Ramos | Uncontested Divorce
Although filing for an uncontested divorce allows you to avoid much time in the courtroom, you generally have to attend at least an uncontested final hearing. Before you attend, you need to create a final divorce decree. Not every judge will require the same degree of thoroughness, but at the final hearing, the judge will ask about your final divorce agreement to ensure both spouses understand it.
Uncontested divorces are a good option to minimize each spouse’s time and money dedicated to a divorce. Having an experienced family lawyer to guide you can provide valuable peace of mind and direction as you navigate the process. The legal team at Ramos Law Group, PLLC, includes several dedicated family lawyers and is led by board-certified family law attorney Mary E. Ramos. Through our commitment to our clients and dedication to staying up-to-date on the latest family law developments, we offer focused, adaptable family law service. Reach out to learn more.
How Do You Get an Uncontested Divorce in Texas?
You begin the divorce process by filing for divorce. To make your divorce official, you need a court order addressing any of the following that apply to your circumstances:
- Child custody,
- Child support,
- Property division, and
- Spousal support.
If you and your spouse agree on these core issues, you can file an uncontested divorce. You may need to file a contested divorce if you disagree.
The spouse who initiates the divorce—the petitioner—begins the process by filing a petition for divorce. Then, the other spouse—the respondent—must sign an answer to the first spouse’s petition or a waiver of service.
Typically, a judge cannot issue a divorce decree until 60 days after the initial petition is filed. After at least 60 days, the judge schedules the final hearing.
What Should You Prepare Before the Final Uncontested Divorce Hearing?
Every divorce needs a final divorce decree. The form you use may vary:
- Final Decree of Divorce (Set A) — opposite-sex marriage, no minor children;
- Final Decree of Divorce (Set B) — marriage with minor children without final custody and support orders in place;
- Final Decree of Divorce (Set C) — marriage with minor children with final custody and support orders already in place; and
- Final Decree of Divorce (Set D) — same-sex marriage, no minor children.
You may also need to complete:
- A possession order — needed to address custody and possession of minor children;
- An income withholding order — needed to address child support;
- An information form — needed to provide information about the parties and any children involved; and
- A Qualified Domestic Relations Order (QDRO) — needed to divide retirement benefits.
Some courts may request you complete a “prove-up affidavit” before your hearing. Many Texas courts adopted this practice when courts were not holding in-person hearings due to the COVID-19 pandemic.
What Happens at an Uncontested Final Hearing in Texas?
Depending on the judge, an uncontested final hearing—also called an uncontested prove-up—may look different. Generally, both spouses must attend, and the judge asks questions to confirm they understand the divorce agreement. What attending a hearing means can vary, especially since the COVID-19 pandemic. Bring copies of all divorce agreement documents and any previous filings in the case to the hearing.
Attendance
In Texas, some judges may allow spouses to attend a hearing via video conference, while others may require that spouses attend in person. You can generally ask the court’s respective clerk of court if you are unsure whether you need to show up in person.
If one spouse cannot attend, you can request the court reschedule the hearing. That spouse can also complete a notarized affidavit stating that they understand and agree to the divorce terms.
Proving Up
An uncontested prove-up hearing may range from a few minutes to approximately a half hour. Depending on whether the marriage does or does not involve minor children, the judge will typically ask about:
- Each spouse’s name and identifying information,
- The date of the marriage,
- The date of marital breakdown,
- Identifying information about shared minor children, and
- Identifying information about separate minor children.
The judge may also ask whether:
- The marriage is insupportable, or there is a reasonable chance of reconciliation;
- Minor children are involved, and what child custody and child support provisions the spouses have agreed to;
- The spouses have divided their property and what the terms of that division are;
- Either spouse will pay the other spousal support or maintenance, and what the terms of that payment are;
- Either party committed family violence against the other in the last two years;
- Either party is involved in bankruptcy proceedings; and
- Both parties consider the agreement to be fair and equitable.
When the judge asks these questions, they want to ensure the agreement is fair and both spouses understand what they are agreeing to. The judge usually notifies the parties whether they will issue the order as the spouses proposed it at the end of the hearing. Once the judge issues the order, you officially become divorced.
Get Help with Uncontested Divorce Matters
Although uncontested divorces are usually simpler than contested divorces, most people benefit from consultation with an experienced divorce attorney.
Contact us today to discuss how we can help you through the Texas divorce process.
Last Updated on August 20, 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.