When spouses have been separated for an extended period of time or when they have otherwise separated their finances and come to substantial agreements concerning their children, it is possible their divorce can be uncontested. Different people have very divergent ideas of the definition of an ‘uncontested divorce,’ but in general the term means the spouses are not represented individually by opposing counsel because they already agree on how to divide all of their community property and how they will raise and support their children after the divorce is final. In Texas, there is a mandatory 60-day waiting period from the time the divorce is filed with the court and when it can be made final - even if it is uncontested. In rare circumstances, the court can waive the 60-day waiting period if one of the statutory reasons for the waiver apply.
With typical divorce lawsuits, one spouse files for divorce and must then serve
the other spouse with a copy of the petition for divorce and other initial paperwork.
When presented with a waiver of citation from your spouses' attorney, it's important
to make sure that your rights are protected before signing it. In an uncontested
divorce case, you and your spouse should consider speaking with an attorney together
to make sure that you agree on major issues such as property division and child
custody; otherwise, signing a waiver of citation could set you up for an unfavorable
judgment. If you're unsure whether or not you should sign a waiver of citation or
if you need to file for divorce, contact the family law attorneys at the Pat White
Law firm to assist you with the process.
Rather than having the respondent to the divorce personally served, the attorney
for the filing spouse may simply mail a waiver of service, along with a copy of
the initial pleadings, to the non-filing spouse. Personal service is accomplished
by a law enforcement officer, constable or private process server. In an uncontested
divorce, the expense and stress associated with personal service can be alleviated
by a waiver of service. If the waiver of citation is properly executed and returned
to the attorney for the filing spouse, it will be filed with the court and it will
not then be necessary to serve the respondent in person.
If both spouses agree to all necessary terms, the attorneys can simply draw up
a settlement agreement or agreed final decree of divorce. Once both spouses and
their attorneys sign the decree approving the agreement, and after 60 days have
elapsed from the initial filing for divorce, a final hearing can be scheduled with
the court. Typically, the person filing for divorce must attend the final hearing
to prove-up the divorce. Only the testimony of one spouse is required at an uncontested
final hearing; however, both spouses may attend and testify. The parties can also
agree that the respondent and his or her attorney should attend a final hearing
to prove-up the divorce.
At the final uncontested divorce hearing, at least one of the spouses will provide
testimony concerning the marriage and the terms of the agreement, the attorney will
provide the court with the original signed divorce decree along with other required
paperwork, and if the court finds that all requirements have been met and that divorce
is proper, the judge will render the parties divorced and sign the decree.
Following the final hearing, child support account related issues may be handled
with the district’s clerk office or the Office of the Attorney General. Even when
a divorce is uncontested, there is a statutory 30-day waiting period before either
spouse may remarry.
Even when a divorce is uncontested, it is critical to have experienced and knowledgeable
divorce attorneys who can explain the legal process and relevant laws, complete
all of the necessary paperwork, and successfully guide their clients through the
maze of the court system. Contact Pat White for adequate legal representation regarding
your uncontested divorce. Contact us today by calling
or submit brief information
or question pertaining to your case in our
online
contact form .
