Filing an uncontested divorce in Texas has become a lot easier and simpler than the contested divorce which usually requires a court trial. Uncontested divorce can be achieved without an attorney as no trial is required.
The procedure for filing an uncontested divorce is very straightforward when there are no minor children involved. In Uncontested divorce the terms and conditions of the divorce are mutually agreed such as child custody, support payments, division of property etc.
Texas residential requirements have to be met. Either you or your spouse must reside in Texas for six months immediately preceding the filing of divorce.
Visit the country court clerk in Texas district where you reside to file your divorce petition. You’re required to fill in the form and provide all the details such as contact details for yourself and your spouse, information about your finances, debts and property, proposed settlement arrangements, and reasons for requesting a divorce.
You will need two copies of the form and pay the filing fee. The signed petition has to be taken to the clerk’s office at the country district courthouse. The clerk will assign your case a file number and stamp your petition.
A copy of the petition has to be delivered to your spouse which can be done via a private server or country sheriff’s office. Contact information for the sheriff’s process server department and a list of private process servers will be provided by the clerk. Waiver of Citation form from the clerk can be obtained. This form has to be mailed to your spouse who has to sign the waiver. This is to show that he agrees not to be served the petition by a court representative.
Signed waiver or a document provided by the sheriff or private process server has to be filed as a proof of service with the country clerk. After which the country clerk will set a date for your hearing after a compulsory cooling period of 60 days.
The 60-day cooling period is given so as to settle and finalize the agreement with your spouse. A final divorce decree is prepared .All the settlement arrangements such as custody agreement, support payments and division of property are specified in the document. Final decree form is then obtained from the country clerk office.
Compulsory attendance is needed on the date of the hearing with your spouse. The judge will ask you some questions to make sure that all the divorce agreements are mutually settled as shown in the paperwork. On satisfaction the judge will sign the final decree.
The signed decree has to be taken to the clerk’s office who will file it.Two certified copies of the final decree are to be obtained from the clerk one of which has to be mailed/sent to the spouse. A fee will be charged for this service which differs from country to country.