Due to the speed with which it can be finalised, an uncontested divorce is sometimes called an agreed or a quick divorce. It is less expensive than a disputed divorce in the majority of cases. Couples without possessions, real estate, or minor children will find it a more appealing option.
For assistance deciding if an uncontested divorce is the best course of action for you, speak with a qualified Tacoma Divorce Attorney.
Divorce in Texas: Getting A Simple Divorce
Getting a divorce without a fight is relatively easy if you don’t have any significant assets or children. Those living in Texas for at least six months can obtain an uncontested divorce. A minimum of 90 days must have passed since you last lived in your county. The steps in an uncontested divorce are as follows:
- To inform the court that both parties seek a divorce, a spouse files an Original Petition for Divorce in the county where they reside. Along with other papers requested by the county, the party that filed for divorce must also fill out and submit a Civil Case Information Sheet.
- Pay a fee based on the county in which the parties are domiciled.
- The other spouse must sign the Waiver of Service form before a notary one day after one spouse files for divorce. By signing, the opposite party indicates they do not wish to have the divorce petition served.
- A Final Decree of Divorce, which contains all the court’s decisions regarding items like separate property, debts, strategies for dividing retirement money, and other specifics, must also be signed by the separating spouses.
- Before one of them appears before a judge to formalise the divorce, both parties must wait 60 days. The waiting period gives the partners time to consider the divorce and, if they want, to change their views.
The Final Decree of Divorce, which confirms that the divorce is complete, will be signed by the judge after the divorce has been granted.
Uncontested Divorce: Is It Right For You?
In the following situations, you shouldn’t file:
- During the marriage, your wife gave birth to a child by another man.
- You continue to disagree on all or some aspects of the divorce.
- Either partner desires to initiate a divorce proceeding due to cruelty or infidelity.
- Your wife is carrying your child or the child of another man.
- Regardless of the child’s age, you have a child with a disability.