Uncontested Divorce

Uncontested Divorce

An agreed or uncontested divorce saves a lot of stress, time, and money for both spouses. A divorce is considered “uncontested” if both agree on property division and child custody and support issues (if there are children involved).

At Renken Law Firm, PLLC, our attorneys and legal staff help you keep the legal expenses of your uncontested divorce to a minimum while assuring that all the legal requirements have been met.  If you have questions about uncontested divorces or any family law issues, contact us.

  • If the case is uncontested, do both sides hire a lawyer?
  • How is an uncontested divorce handled?
  • What is a waiver of citation?
  • What is the divorce decree?
  • What happens at court when an uncontested divorce is presented?

 

If the case is uncontested, do both sides hire a lawyer?

In uncontested cases, usually only one of the spouses hires an attorney to prepare the necessary paperwork. A lawyer can never represent both sides in a divorce. If, for example, the husband hires a lawyer in an uncontested divorce, that lawyer will prepare and file the divorce petition, and draft the waiver of citation and divorce decree. The lawyer will also go to court with the husband to get the divorce approved by the judge

How is an uncontested divorce handled?

Once the divorce petition has been filed and the waiver of citation signed, a final divorce decree is prepared and signed by both sides. There is a 60-day waiting period for divorces in Texas, meaning that a divorce cannot be granted until 60 days after a divorce petition is filed. The final step is for the husband or wife and a lawyer to go to court to get the judge to approve the divorce and sign the decree.

What is a waiver of citation?

In the usual lawsuit, one party files and the other gets served with the suit by a constable or process server. In an uncontested divorce (where saving money is important), the divorce petition is simply sent to the other spouse along with a waiver of citation. The husband or wife who signs the waiver is merely acknowledging that he or she has received the divorce petition and does not need to be officially served. The waiver also allows the final divorce hearing to be held without that person being present and says a court reporter does not need to record what is said. Always read documents prior to signing.  Be wary of Waivers that say much more than a waiver of service.

What is the divorce decree?

The divorce decree is the official document signed by the judge. The decree divorces the parties, orders how property and debts are divided, and provides for child custody, visitation, support, etc.

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