UNCONTESTED OR AGREED DIVORCE
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:
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.
The process can take as early as 2-3 months from the time a petition is filed with the Court.
LE LAW GROUP PLLC UNCONTESTED OR AGREED divorce fee schedule:
Court Filing fee- approximately $360 depending on counties.
No asset and no children – $2,000 + court filing fee
Complex Assets or Complex asset with children – $3,500 +
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?
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.
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.
Depending on your circumstances and qualification, you may qualify for spousal maintenance. Please consult with an attorney for further details, as no one case is alike.
You must file a SAPCR (Suit Affecting Parent Child Relationship) with your County District Clerk. In the SAPCR, you may request for sole managing conservatorship and state specific reasons for your request. Once properly drafted, you may file the SAPCR with the Court and set the case up for a hearing to prove-up your case. This process is complicated and technical. Please consult with attorney to understand your options prior to taking any action.
Every prenuptial agreement is custom-made to cater to each individual’s needs. There is no specific or general guideline. However, the purpose of the prenuptial agreement majority of the time is to define what will be separate property, community property, or spousal support.
Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.
You will need the Petition for Dissolution, Case Information Sheet, Summons and any fee waiver document in order to file for divorce. You will then be required to have your spouse personally served with these documents.
You must consult with an attorney for more details as each case may have different remedies and qualifications. However, you may file for mandatory income w/holding, liens, money judgment, freezing of certain assets, license suspension, or file for contempt.
On June 26, 2015, the Supreme Court legalized Same-Sex Marriage nationwide.
Yes. Anyone can file for their own divorce. However, it is recommended that you retain an attorney if it is a contested case or if your spouse has retained an attorney.
It is highly unlikely. In Texas, the court divides property in the manner that the court deems “just and right.” It is very rare for one spouse to be granted all of the community property.
Yes. In Texas, you don’t have to prove fault to get a divorce.
Texas grants divorces based on adultery, cruelty, felony conviction, abandonment, living apart, confinement in mental hospital, or insupportability.
