Is ending your marriage as straightforward as signing a few papers? Many couples hope an uncontested divorce will be quick and painless, but the reality isn’t always that simple. Even in cases where both spouses agree on major issues, legal requirements, paperwork errors, or misunderstandings about the process can cause delays.
In fact, Texas divorce laws require specific waiting periods and conditions to be met, making it crucial to approach the process correctly from the start.
Filing for an uncontested divorce can be the fastest and most affordable way to separate, but only if you qualify and handle the paperwork properly. This guide explains who is eligible, what documents are needed, and common mistakes to avoid, so you can complete the process smoothly.
Who Qualifies for an Uncontested Divorce?
Not every couple can file for an uncontested divorce. To qualify, both spouses must agree on all terms, including:
- Division of property and debts
- Child custody and visitation schedules (if applicable)
- Child support and spousal support (if applicable)
- Additionally, at least one spouse must meet Texas residency requirements:
- One spouse must have lived in Texas for at least six months before filing.
- One spouse must have lived in the county where the divorce is being filed for at least 90 days.
If there are any disagreements on finances, children, or property division, the case will be considered contested and require a different legal process.
Steps to Filing for an Uncontested Divorce
If you meet the requirements, here are the steps to follow:
1. Complete the Divorce Petition
The process begins by filing an Original Petition for Divorce with the county court. This document states that both spouses agree to dissolve the marriage without disputes.
2. Notify the Other Spouse
Texas law requires the other spouse to receive formal notice of the divorce. This can be done through a waiver of service, where the spouse signs an agreement that acknowledges the petition instead of being formally served by a process server.
3. Draft the Final Divorce Decree
This document outlines all agreed-upon terms and must be reviewed carefully to ensure it meets Texas legal requirements.
4. Wait the Mandatory 60 Days
Texas law requires a 60-day waiting period from the date the petition is filed before a divorce can be finalized. This is a mandatory cooling-off period that cannot be waived except in cases involving domestic violence.
5. Attend the Final Hearing
In most cases, only one spouse needs to attend a brief court hearing to finalize the divorce. A judge will review the documents and issue the final decree.
Common Mistakes That Cause Delays
Even when both spouses agree, small errors can delay the process or even lead to a rejected filing. Here are the most common mistakes to avoid:
- Incomplete or incorrect paperwork– Texas courts require specific legal forms, and any mistakes can cause delays or require refiling.
- Failing to meet residency requirements– If one spouse does not meet Texas residency rules, the case may be dismissed.
- Disagreements after filing– If conflicts arise after filing, the divorce may no longer qualify as uncontested.
- Not following court rules– Each county may have specific procedures, so checking with the local court is important.
Do You Need a Lawyer for an Uncontested Divorce?
While an uncontested divorce is designed to be straightforward, legal guidance can help avoid costly mistakes. A divorce attorney can:
- Ensure all paperwork is properly completed and filed
- Review agreements to protect your rights
- Help with unexpected legal issues that may arise
- Make the process smoother by handling legal formalities
Many people assume they can manage the process on their own, but even small mistakes can lead to frustration and delays. If you want to ensure everything is done correctly, consulting a legal professional is a wise decision.
Thinking About Filing for an Uncontested Divorce? Let’s Talk.
Are you ready to move forward with your divorce? Having an experienced divorce attorney in Houston can make the process faster and easier. At Daniel Ogbeide Law, we understand that you want to move on with your life as quickly and stress-free as possible.
Our legal team is here to help you file for an uncontested divorce the right way, ensuring that all paperwork is handled correctly and that your rights are protected.
Contact us at 832-321-7005 to schedule a consultation and get the guidance you need to complete your divorce efficiently and correctly.