Uncontested Divorce in Texas

Houston Divorce Lawyer for Uncontested Divorces

At The Rudisel Law Firm, P.C. understands that divorce is life-changing. Although divorces have the potential to become bitter legal disputes, many times, spouses understand that a separation is necessary and agree on all aspects of the divorce. These uncontested divorces save both spouses money and allow them to secure a divorce quickly with minimal time spent in court.

Houston Uncontested Divorce

An uncontested divorce in Texas is a streamlined process where both parties agree on all the terms of their separation, including asset division, child custody, and financial support. This type of divorce can significantly reduce the emotional and financial strain often associated with more contentious separations. Opting for an uncontested divorce can lead to a quicker resolution and lower legal fees, making it a preferred choice for couples seeking an amicable split.

For a divorce to truly be considered “uncontested” both spouses must:

  1. Agree to proceed with a divorce;
  2. Agree on all aspects of the divorce, including child custody and visitation, child support, paternity, property division, and allocation of debt;
  3. Hire only one attorney, and
  4. All parties must agree to sign all necessary documentation.

An uncontested divorce is suitable for couples who have reached a mutual agreement on all aspects of their divorce, including division of property, child custody arrangements, and financial support. If even one unresolved issue, the divorce cannot proceed as uncontested.

What is the process for completing an Uncontested Divorce in Houston?

An uncontested divorce begins with a complimentary consultation at The Rudisel Law Firm, P.C. Read our blog post, “Meeting your Divorce Lawyer for the First Time: What to Expect” for more information. Divorce attorney and litigator Shawn M. Rudisel will ensure the parties understand the relevant issues and the law. The parties must be certain they will agree to divorce. One spouse will then hire the firm, and the process in court begins. Although the spouses work together, we can technically only represent one party. The non-represented party, the spouse, and the lawyer then work together to resolve all issues.

Our team will file an Original Petition for Divorce in the county where at least one spouse has resided for at least 90 days. The divorce will be finalized after it has been on file for at least 60 days (Texas Family Code 6.702). The non-filing spouse will then need to sign a Waiver of Service in the presence of a notary public.  This waiver brings the non-filing spouse into the process and allows the divorce to proceed.

The parties will then meet with our staff to discuss the divorce details (custody, property division, child support, etc.). The attorney will draft the agreements reached in a final decree of divorce. Both parties will sign the decree, and at least one party will appear in court for a brief hearing so a judge may grant the divorce. Once signed, our staff will provide the client with one certified copy of the decree.

For further discussion on Uncontested Divorces in Houston, TX, visit our blog and read:

Necessary Documentation

The process begins with several key documents: the Original Petition for Divorce, which initiates the process; the Waiver of Service, indicating that the other spouse agrees to the divorce and does not need to be formally served with divorce papers; and the Final Decree of Divorce, which will ultimately be signed by the judge and finalize the divorce. Accurately completing these forms is crucial as they outline the agreements made between the spouses and ensure the legality of the divorce proceedings.

Financial Considerations

In an uncontested divorce, financial considerations include the equitable division of assets and liabilities. Couples must agree on dividing all property, including homes, vehicles, and retirement accounts. If children are involved, child support and possibly alimony must be addressed according to Texas law guidelines, ensuring that financial obligations are fair and meet legal standards.

Benefits of Mediation in an Uncontested Divorce

Mediation can be valuable in resolving lingering disagreements in an uncontested divorce. This process involves a neutral third party who helps both spouses find mutually agreeable solutions. Mediation is less adversarial than traditional divorce proceedings, which can preserve a cooperative relationship between the parties and lead to more satisfactory outcomes.

Common Challenges and Solutions

While an uncontested divorce is generally smoother than a contested one, challenges such as disagreements over small details or unexpected emotional reactions can still arise. Solutions include open communication, willingness to compromise, and sometimes returning to mediation to resolve outstanding issues without escalating the conflict.

Need a Free Divorce Evaluation? Call Today. 713-781-7775

An uncontested divorce in Texas offers a path to a respectful and amicable separation for couples willing to work together to resolve their marital issues. It’s always advisable to consult with a legal professional to navigate the process efficiently and ensure that all legal requirements are met and rights are protected. Contact Shawn M. Rudisel, recognized as a top-tier Houston Divorce Lawyer. Here at The Rudisel Law Firm, P.C., we offer a complimentary consultation to discuss what to expect when filing an Uncontested Divorce in Texas.