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  • Writer's pictureLindsey Lewis

What is an uncontested divorce in Texas?

Updated: Sep 1, 2020

Divorce doesn’t have to be complicated. In fact, if you and your spouse have an agreement on all issues, you can get a divorce without breaking the bank.


What is an uncontested divorce in Texas?


Generally, an uncontested divorce means that the parties have agreed on all of the issues in their divorce and they want the Court to accept this agreement without having to go through costly and contested litigation. At The Law Office of Lindsey Lewis, PLLC, we understand that there are many reasons to settle your divorce without battling it out in Court. If you have an agreement, we are happy to facilitate that agreement in a binding court order that protects your rights!


Do I qualify for an uncontested divorce?


To qualify for an uncontested, flat rate divorce with The Law Office of Lindsey Lewis, PLLC, you must meet the following criteria:


1. Agree to be divorced on the grounds of insupportability (no-fault divorce)

2. One spouse must meet the residency requirements

3. Spouse will voluntarily sign a Waiver of Service

4. Agree on all issues related to conservatorship

5. Agree on the division of all assets and debts

6. Spouse agrees to voluntarily sign the Final Decree of Divorce and any other ancillary documents (i.e. QDRO, deeds)

7. Be able to appear in court (if necessary) to finalize the divorce


NOTE: COVID-19 has forced some courts to modify their procedures for finalizing a divorce. Many are allowing virtual appearances or an affidavit to provide the court with the testimony necessary to grant a divorce. As policies are changing frequently, we will update you closer to the 60th day after your divorce is filed to let you know what your court requires.


8. Only one party may have an attorney

9. The total value of the estate must not exceed $750,000.00


Do I meet the residency requirements?


In Texas, you can file for divorce in the county in which you live as long as you have lived in that county for the preceding 90 day period and in the State of Texas for the preceding 6 months. Alternatively, you can file in the county in which your spouse lives if they have lived in that county for the preceding 90 day period and in the State of Texas for the preceding 6 months.


The Law Office of Lindsey Lewis, PLLC, handles uncontested divorces in Harris County, Fort Bend County, Galveston County, Montgomery County, and Liberty County.


What is a Waiver of Service?


Your spouse has a right to be personally served with the lawsuit initiating the divorce. However, they can waive that right by executing a Waiver of Service stating that they do not want to be personally served. For more information on waivers, check out this blog.


How long is this going to take?


A divorce must remain on file for 60 days before a Court can grant your divorce. This is called the “cooling off” period. At The Law Office of Lindsey Lewis, PLLC, we try to finalize as soon after the “cooling-off” period expires as possible, but usually no longer than the 70th day after filing depending on the court’s schedule.


Why should I hire an attorney?


We always advise at least one party to hire an attorney when filing for divorce. It may seem simple, but there are many details that can easily be overlooked because their importance may not be clear at first glance. Too many people come to us after the fact because an important provision was left out of their decree or they agreed to something they didn’t fully understand. It costs more to clean up a mess than it would to hire an attorney the first time around. You only cry once with quality!


How much is this going to cost me?


At The Law Office of Lindsey Lewis, PLLC, we are committed to providing you high-quality service without the expensive price tag. Our uncontested divorces without children start at $1,500.00 + filing fees. Uncontested divorces with children start at $1,750.00 + filing fees.


Call us at (281) 768-4071 to schedule a consultation and start the uncontested divorce process today!

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