The Process for Filing a Uncontested Divorce in Houston, Texas

Uncontested Divorce Attorney in Houston, Texas

Below is a basic outline of the process for completing an uncontested divorce in Houston, Texas:

1. File an Original Petition for Divorce in the proper county.

Generally speaking, the proper county is the county you or the other party (Respondent) have resided in for at least 90 days before filing for divorce, assuming you have been a resident of the State of Texas for at least 6 months.

The petition names the parties to the suit (yes, a divorce is a lawsuit), establishes the court’s divorce jurisdiction in Texas to hear the case, lays out the grounds for divorce, and asks the court to grant the divorce.

2.  Present a copy of the filed petition for divorce and a Waiver of Service to the Respondent.

Once executed and filed with the court, the waiver tells the court that the Respondent has formal notice of the suit as required by Texas law. Normally, a party to a lawsuit must be served with legal papers before the filing party can proceed. A waiver of service does exactly what it says; it is the Respondent’s method of waiving that service, thus allowing the filing party to proceed with the case.

3.  File the executed waiver with the Court.

4.  Draft a Final Decree of Divorce

The Final Decree of Divorce sets out the parties’ agreement. It includes provisions for dissolving the marriage, child custody, visitation, child support, and property division. The judge will sign this document to officially divorce the parties.

5.  Go to court after 60 days of filing and “prove up” the divorce.

The prove-up consists of reciting information about the divorce to the Court so that the Court is satisfied that all of the requirements for a divorce, as outlined by the Texas Family Code, have been met. If the requirements have been met, the judge will approve and sign the divorce.

6.  Get a certified copy of the Final Decree of Divorce.

Once signed, a certified copy of the Final Decree of Divorce with the judge’s signature is usually available from the Court within a few days.  A certified copy is used to complete a name change, establish a child support account, or prove that you are divorced.

Keep in mind that the outline above for an uncontested divorce in Houston, Texas, is just that—an outline. Each step is more in-depth and requires a sound understanding of the laws that govern divorce. It is also important to note that many courts have their requirements or rules that cannot be found in the Texas Family Code.

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Contact a Houston divorce lawyer at The Rudisel Law Firm, P.C.  today for a free divorce consultation. 713-781-7775.