What Documents Do I Need to Prepare for an Uncontested Divorce in Texas?

An uncontested divorce is usually faster and cheaper, and if you are able to come to an agreement with your spouse about everything related to the divorce, this is usually going to be your best option. You will need some specific forms to file for an uncontested divorce in Texas, however, and a divorce lawyer can help you make sure that everything is done correctly so that the whole process is as fast and smooth as possible.

What Documents Do I Need to Prepare for an Uncontested Divorce in Texas?

Basic Paperwork

There are a number of legal documents required in a divorce, even an uncontested one, and each one must be done correctly, filed with the right court, and contain all addendum information that might be required in order for your divorce to go forward smoothly.

The first document you will need is known as the Original Petition for Divorce. This document needs to give the grounds for your divorce, details about how you propose to divide marital property and debts, and also propose the information exchange that will take place between you and your spouse. There are two separate forms depending on if you are an opposite or same-sex couple, and there is a separate set of forms if your divorce involves children but is uncontested.

The next document you will need is called the Waiver of Service, and this document is, technically speaking, optional, but highly recommended in an uncontested divorce. This document is signed by the spouse who did not file the original petition for divorce and means that they are waiving their rights to be formally served with divorce papers. If a spouse is not willing to sign this, then the chances that an uncontested divorce will go smoothly are lower.

Finally, you’ll need to file a Civil Case Information Sheet, which is basically just an administrative form that repeats all the basic details of the case for the courts to have on file.

Detailed Paperwork

The next set of paperwork that you’re going to need for your divorce requires another level of detail. You will need to file an Agreed Divorce Decree, which is your final agreement with your spouse on all the important matters related to your divorce.

This needs to be formalized and in its final form: i.e., you and your spouse completely agree to the terms laid out in this document and are not still in the process of hashing things out. This document will need to deal with property division, child custody and child support if there are children, how debt will be dealt with, and spousal support, if that’s something that one of you is requesting and the other is willing to give.

Possible Other Paperwork

There are many other forms that you may or may not have to submit, depending entirely on the details of your situation. For example, if you don’t have the money to pay the filing fee fees, you would need to submit a Statement of Inability to Afford Payment of Court Costs. If you have children, you will need to submit a Child Support Guidelines Worksheet. This is a form that shows that you calculated child support guidelines in accordance with Texas law on this matter.

If one of you is in the military, you will be required to file an Affidavit of Military Service. Other possible documents and forms you might need will include ancillary letters to spouses, Child Support Orders, Medical Support Orders, Special Warranty Deeds, Deeds of Trust to Secure Assumption, Owelty Deeds, or Powers of Attorney to Transfer a Motor Vehicle.

Why a Lawyer Is Essential

As you look over all the important documents listed above, it should be clear that even an uncontested divorce requires quite a lot of paperwork. Any mistakes in this paperwork can set you back: if the documents are not accurate or don’t meet the requirements of the court, it means a lot of frustration and loss time. Even if you and your spouse come to an agreement about everything, if that agreement doesn’t appear to the court to be in accordance with Texas law, you may have to start over from scratch.

A lawyer can make sure you have all the correct forms for your specific divorce and that nothing important is missed. An attorney will also make sure all your paperwork is done correctly and that everything is in accordance with Texas law, so there will be no question of it being accepted by the court. Your lawyer can then take these forms to the court for you and negotiate on your behalf to urge the court to accept your agreements and documents and issue you a Final Decree of Divorce as soon as possible.

Other Questions About Uncontested Divorce

What Is a Flat-Fee Divorce?

A flat-fee divorce is offered by family law attorneys as a cost-effective way to get an uncontested divorce finished quickly and smoothly. Because there are no disagreements between you and your spouse in an uncontested divorce, it’s easy for your attorney to estimate costs and therefore offer a flat fee. The key here is that you and your spouse must agree on all the issues.

What Are the Benefits of an Uncontested Divorce?

An uncontested divorce can be much cheaper, particularly if you get a flat-fee divorce with an experienced attorney. While the amount of paperwork might seem unnerving to you as you read about it above, a family law attorney can assure you that this amount of paperwork is actually quite small compared to the trouble and difficulty of a contested divorce.

The process with an uncontested divorce is very streamlined and allows you to get on with your life much more quickly. And, of course, if you and your spouse are able to reach agreements without the interference of the courts, this usually means less emotional suffering for everyone involved and gives you the best chance of having a good relationship going forward, which is especially important if there are children involved.

How Long Does It Take?

In Texas, there is a 60-day waiting period required after every divorce, even uncontested divorce. The purpose of this time is to allow couples to reconcile if at all possible, and the court may require couples who have children to do extra to attempt a reconciliation. The court is very concerned that everything in a divorce be in the best interests of the children involved.

In a best-case scenario where everything was filed correctly the first time and where your agreement with your spouse is agreeable to the court, and assuming there is not a backlog of cases at the family court, your divorce can go through in about 60 days. If there are some mistakes or issues that need to be revised, or if your agreement needs to be changed to make it more acceptable to the court, or if the court has a particularly busy schedule, it could take more like 90 days. Most uncontested divorces can be finished within 90 days.

If you are interested in a flat fee, divorce, contact us now a C.E. Schmidt & Associates, PLLC in Houston, TX for a consultation.