Filing for Uncontested Divorce in Texas

A couple may seek an uncontested Texas divorce when they agree about all of the issues in their case. The residency requirements for an individual filing for divorce in Texas are that they must reside in the state for a period of 6 months before the petition is filed. They must also be a resident for 90 days of the county where the suit is filed.

Grounds for Divorce in Texas

There are several grounds for divorce that include:

No fault—Divorce may be granted due to a discord in the marriage or a personality conflict that destroys the marital relationship.

Cruelty—When one spouse is found guilty of cruel treatment towards the other.

Adultery—If one spouse is proven guilty of engaging in a relationship with another person that involves sexual intercourse.

Felony Conviction—You can get a divorce if your spouse has been convicted of a felony offense during the marriage, been incarcerated for at least a year, and has not been pardoned. However, if the guilt spouse was convicted upon testimony of the other spouse, the court may not grant a divorce.

Abandonment—When one spouse has left the other with the intention of abandoning them or has been gone for at least a year.

Living Apart—When the spouses have lived apart for at least a period of three years

Confinement in a Mental Hospital—If one spouse has been confined to a private or state mental institution for at least three years and is unlikely to get any better.

There is a waiting period of 60 days after filing the Texas divorce forms before a divorce can be granted.

Child Support and Property Distribution

If a divorcing couple is not able to reach an agreement regarding the amount of child support, the state of Texas has guidelines that will determine the amount of support, taking into consideration the best interests of the children. In an uncontested Texas divorce, the property should be divided so that both parties agree. This does not necessarily mean equally, because the main goal is to not turn it into a contested divorce.

The Uncontested Divorce and Waiver of Citation

The rules governing civil law in Texas say that when one party is seeking a divorce, special procedures must be followed regarding how legal documents are served. The petitioner is the one who initially files the divorce petition and the respondent is the spouse being served with the papers. There are two ways in which to give legal notice and these are:

The respondent can waive his or her right to service by signing what’s called a “Waiver of Citation” in front of a notary public. A notary is an individual authorized by the government to officially witness signatures on legal documents.

Someone authorized by the court, which could be a process server, sheriff or constable, must serve the respondent.

If the respondent agrees to sign the waiver, he or she may be giving up certain rights, such as allowing the divorce hearing to proceed without being present in court. In addition, the court reporter is not required to record what is said during the proceeding.

When to Consult an Attorney

Most people believe that filing an uncontested divorce should be relatively easy. There are sometimes surprises a spouse may find out once the process is over. For example, if you owe money to a creditor, that liability will continue on your record, no matter what the terms of your divorce decree are. The creditor can sue you if your spouse fails to pay this debt. Hiring an experienced family law attorney who knows the divorce laws may be well worth your time.

Thinking About Divorce?