An uncontested divorce is a divorce in which the parties have reached an agreement on the important issues in the divorce and are looking for help maneuvering the legal process for divorce and need help drafting the necessary documents to preserve the agreement. It is a low cost divorce option for the parties because it avoids the conflict in a divorce that often drives up the price of getting a divorce in Texas. As an uncontested divorce attorney I help clients with uncontested divorces in Tarrant County, Dallas County and Denton County on a reasonable flat fee basis.
An uncontested divorce is a great option for many people who have simple issues and moderate assets if the spouses can reach a fair and voluntary agreement. Sometimes an uncontested divorce is not a great fit because there are complicated assets (or debts) or particular child issues that need more involvement and foresight by an attorney who can advise on the best way to deal with these challenges. These issues can be addressed with a more involved process but not a dragged out, knock out kind of divorce that costs an arm and a leg and leaves everybody angry. These are usually just not good candidates for uncontested divorce where the parties lack the financial expertise to fairly value the property or have the experience crafting custody arrangements to reach an agreement that is in the best interests of the children. However, if you can reach a fair agreement then a flat fee uncontested divorce may be right for you.
Before committing to either path you should consider the issues involved in your divorce and your ability to reach an agreement on them. Here are some posts from my blog that may help you in that process:
- Is uncontested divorce right for me?
- Is a contested divorce better than an uncontested divorce?
- Key issues in an uncontested divorce in Texas
- Seven reasons why you need a lawyer for your uncontested divorce
The Uncontested Divorce Process
Here are generally the steps involved in an uncontested divorce:
1. We will meet to discuss your divorce and divorce agreement and enter into our own agreement for legal services.
2. I will file a petition for divorce with the appropriate court asking the court to grant your divorce. This begins a sixty day waiting period for divorce in Texas.
3. I will work with your spouse to obtain a waiver of service to file with the court to avoid having to pay the costs to serve your spouse with the divorce petition. (If your spouse refuses to sign a waiver of service then he or she must be served and that will add an additional expense to your divorce.)
4. I will draft a divorce decree on the basis of your agreement.
5. We will work together to ensure the proposed divorce decree aligns with the agreement.
6. Once we have a proposed divorce decree and the sixty day waiting period is over we will go to court and attend a brief hearing called a “prove up” and ask the judge to sign the decree. Once the judge signs the decree you are divorced.