Divorce is difficult in itself. However, it does not have to be a protracted and costly legal battle, which is often the case. If you and your spouse can agree on how to handle the legal, financial, and practical aspects of terminating your marriage, an uncontested divorce can be the best resort. This post examines how to file for uncontested divorce in Texas, which can save you money and time.

Filing Procedure for Uncontested Divorce in Texas

After you've completed and signed the necessary forms, you must file them with the court. This is accomplished by submitting the original and two copies to the district court clerk of the county in which you or your spouse resided for the previous 90 days. You can deliver hard copies to the clerk's office or use the court's electronic filing system. The materials will be delivered to you in file-stamped form.

After filing the divorce petition with the clerk, it must be "served on" (given to) your spouse, along with a "citation" (which you will obtain from the clerk's office). Hand-delivery of divorce papers by the sheriff's office or a private process server is the usual method. However, because you and your spouse are working together on the uncontested divorce, you should be able to avoid this formal service method by having your spouse sign and file a "Waiver of Service Only" form acknowledging receipt of copies of the divorce documents from you. This form must be signed and notarized no later than one day after the divorce petition is filed.

In order to expedite the uncontested divorce, your spouse may also sign the "Final Decree of Divorce" at the same time as the waiver of service. The final decree outlines the terms of the settlement agreement, and it must be filed with the court for the divorce to be finalized.

If your spouse does not sign the divorce decree and instead chooses to react to the divorce petition by submitting an "Answer,” Texas mandates that you both exchange "Initial Disclosures." This information and documentation include information and records about your property, retirement plans, and other financial matters. Even if the divorce is uncontested, this exchange is essential. Unless there is a formal agreement to the contrary, you must submit these disclosures within 30 days of filing the answer. 

Default Judgment in Uncontested Divorce

If your spouse refuses to sign the waiver you must amend your pleading and have your spouse served with the petition. At this point you may want to consult with an attorney.

If your kid is enrolled in a federal assistance program like Medicaid or Temporary Assistance for Needy Families (TANF), you must submit a copy of your divorce petition with a court stamp to the Attorney General's Child Support Division and keep the receipt as proof of submission.

The process of filing for a divorce in Texas might be intimidating. But it doesn't have to be that way, especially if you and your spouse can work out divorce together. Do not worry any further about filing for an uncontested divorce in Texas, while our panel of expert divorce law attorneys in Waxahachie and Dallas-Fort Worth are here to help!