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What is an UNCONTESTED OR AGREED divorce and can it be done?

An UNCONTESTED OR AGREED divorce can only happen when all parties of the divorce agree to all issues of the divorce matter.  These issues include but not limited to the following:

  1. Child support
  2. Child rights/duties
  3. Geographic Restriction of the child(ren)
  4. Possession and Access of the child(ren)
  5. Medical Support of the child(ren)
  6. Debt division
  7. Asset division
  8. Spousal support

If there is even one minor issue left not agreed to or still in dispute, then it is no longer considered an UNCONTESTED OR AGREED divorce. 

What is the process for an UNCONTESTED OR AGREED Divorce and what is a mandatory 60-day waiting period?

In Texas, the petitioning party may retain an attorney to represent that party to assist with all the legal procedure and services in completion of the divorce matter.  The petitioner’s attorney will draft and file a Petitioner for Divorce. Next, the responding party will sign and notarize a waiver of service and this waiver must be filed with the Court in order to meet the notice requirement without the need for personal service on the Responding party.  Thereafter, both parties will sign all necessary required documents based on the agreements of the parties including but not limited to the Final Divorce Decree, Special Warranty Deeds, Deed of Trust of Secure Assumption, BVS form, Child Support Order, Medical Support Order, Waiver of Service, Power of Attorney to Transfer Motor Vehicle and etc.  Petitioner’s attorney will draft any additional required ancillary documents required by the Court as part of the filing checklist and file these documents.

If the one of the agreement of the parties is to divide a retirement account, then Petitioner’s attorney must draft the Qualified Domestic Relations Order for the Court to approve and to sign detailing how the retirement accounts will be divided.

If both parties retained attorneys, then it is no longer considered an UNCONTESTED OR AGREED divorce and the Responding party must file an Original Answer through his/her attorney of record after the Petitioning party filed the petition and service is properly served on the Respondent.

Before the parties may file all final documents, they must wait 60 days from the date of filing the initial Petition of Divorce.  This is a mandatory 60-day waiting period.  During this waiting period, the Petitioner’s attorney will prepare all final required documents to be executed and filed with the Court. Upon the 61 days after the Original Petition for Divorce has been filed, the Petitioner’s attorney may file all final documents and request for a hearing from the Court.  At this hearing, the Petitioner’s attorney will ask the Petitioner a series of questions to prove-up the agreement between the parties in the Final Divorce Decree as well as present the Final Divorce Decree and other supporting documents.  The Judge may ask the Petitioner some additional questions before making a decision whether to grant the divorce or not.  

In some instances with Court’s prior permission, some counties will allow for a prove-up affidavit in lieu of a formal hearing.  Courts’ rules and procedure change on a consistent basis depending on the counties and courts.  Your attorney will guide you through this process and provide additional information on whether a hearing is necessary or not.

How long does it take to complete an UNCONTESTED OR AGREED divorce?

The process can take as early as 2-3 months from the time a petition is filed with the Court.

What are the requirements for an UNCONTESTED OR AGREED divorce?

  1. You and your spouse agree to ALL issues in your divorce including child custody issues, child support, medical support, debt division, and asset division.
  2. You and your spouse agree to be divorced on the ground of insupportability or no-fault divorce ground.
  3. You and your spouse agreed that only one party will retain an attorney and the non-filing party will sign/notarize a waiver of service.
  4. You and your spouse voluntarily sign all required documents necessary to finalize the divorce proceeding.
  5. Have assets valued less than $750,000.

UNCONTESTED OR AGREED Divorce is NOT for you if you fall under one of the following:

  1. You or your spouse wants to file divorce under specific fault grounds such as cruelty or adultery.
  2. You and your spouse disagree about any issues in your divorce, no matter how big or small the issue.
  3. Your or your spouse has an ongoing bankruptcy case pending.
  4. You or your spouse believe that a non-standard custody agreement is in the best interest of your child(ren).
  5. If you do not know what assets or debts you and your spouse have, or you suspect your spouse is hiding money from you.
  6. If the attorney general is involved and there is an existing attorney general order or case.

Call LE LAW GROUP to schedule for an initial consultation if you have additional questions and your situation has additional factors that may require further assessment as follow:

  1. The biological father of the child is not the child of the husband of the marriage and the child was born during the marriage (even if during the period of separation).
  2. The husband’s name is in the birth certificate, but he is NOT the biological father of the child and the child was born during the marriage.
  3. You or your spouse just found out that the child was not the husband’s biological child.
  4. Not sure if UNCONTESTED OR AGREED divorce is right for your situation.
  5. The biological father is not in the birth certificate of the child as the father of the child.

Still NOT sure if UNCONTESTED OR AGREED divorce is the right for your circumstance? We offer initial consultation to discuss details of your case to provide an honest assessment and analysis pertaining to your case.

Contact our office (your Houston UNCONTESTED OR AGREED divorce lawyers) at (281) 559-0923


Court Filing fee- approximately $330 depending on counties.

No asset and no children - $1,300 + court filing fee

Some assets and children - $1500 + court filing fee

Complex assets or Complex asset with children - $3,500 + court filing fee

What is NOT considered an UNCONTESTED OR AGREED divorce for the purpose and benefit of LE LAW GROUP UNCONTESTED OR AGREED divorce fee schedule above?

Family Law Q&A

How long must I live in Texas before I can file for divorce?

Generally, you must be domiciled in Texas for six months before the suit is filed and be a resident of the county for the past 90 days.

How will I support myself after a divorce when my spouse was the primary income earner?
How do I fight for sole custody of my children?
What should be included in a prenuptial agreement?
What is a divorce going to cost me? Can I afford it?
What forms do I need to file for a divorce in Texas?
What do I need to do to enforce a child support order?
Is Same-Sex Marriage Legal in Texas?
Can I file for a divorce on my own?
If my spouse cheated on me, can I take all of the community property?
Can I still get a Divorce if my spouse does not want a divorce?
What are the grounds for divorce?

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Expanded Services

Defense Attorneys must be knowledgeable of the law. The Le Law Group practices, in the following areas:  Intoxication, including DWI, Robbery, Theft, all Assaults, Homicides, Specialty crimes, including tax evasion and other white-collar crimes, and more. We also represent clients in federal and correlative civil matters that include due process and equal rights. Our Attorneys have over twenty years of criminal defense experience practicing in Texas and federal courts.

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