What Is an Uncontested Divorce In Texas?
In Texas, the divorce rate was 2.9 people per 1,000 people in 2018. Most divorces aren't contested. Uncontested divorces are the easiest to get through. Divorces are expensive for everyone involved, but some divorces are more expensive than others. Divorce laws vary by county. But in Houston, Texas, and other areas, the process is simple for those who can agree on their divorce terms. Divorce is usually an ugly fight between two people who love each other. But sometimes, there is a better solution than fighting over money or children. These cases result in less ugly divorces. Plus, these options eliminate costly child custody battles. Child issues aren't dragged through the mud. Both parties can agree on what happens next.
Texas divorce law restricts the uncontestable divorce process, also known as an "agreed divorce," to those who meet the above criteria. Both spouses must agree on the grounds for the divorce. The spouses must agree on all divorce-related issues, including child custody. There are no court orders for child custody or support. If the court has previously issued a final order regarding custody and support, you can request an "uncontested divorce" only if a final court order is a final judgment that ends a marriage. There are two types of final orders: temporary orders and permanent orders. Temporary orders are used when there is a pending case. Permanent orders are used when there isn't any pending case. In both cases, the final order is signed by a judge, and it can be modified later if needed.
Divorce is a legal process where spouses get separated by a judge. In order to be legally recognized as divorced, you need to file a petition in the court where both parties now reside. Both parties must sign the petition. This petition will then be filed with the court clerk, who will send out copies to the other party. A hearing will be held in front of the Judge, who will make a decision based on the evidence presented. At this time, the Judge may grant a divorce or deny it. If the Judge grants the divorce, he or she will issue a decree of divorce.
Divorce requires both spouses to be residents of the state for six months. The couple must also live in the same county for three months before filing for divorce in that county. You should file for divorce in the county where you and your spouse live. If you and/or your spouse live in two separate counties, you may file in either county.
Once you file the petition for divorce with the clerk, you must serve it on your spouse. You can avoid this step if you give the papers to your spouse and he/she signs a waiver allowing you to skip serving them. This waiver requires your spouse to file an answer to the petition within a certain amount of time, or the divorce will be granted by default.
In Texas, there is a 60-day waiting period to complete a marriage. After the waiting period passes, the court clerk will schedule a final hearing with the Judge to complete the divorce. Once the papers are approved by the Judge, the court clerk will issue the final decree of divorce. It is important to know that the divorce only becomes final when it is signed by the Judge. However, it may not be the date you received the final decree. Additionally, the state prohibits both spouses from remarriage until at least 31 days pass from the time the final decree was issued.
In Texas, you might not need a lawyer to get an easy divorce. You can represent yourself during the entire process. Both spouses can try to handle everything by themselves or use an online legal service that makes things easier. Even though there's usually no court battle in an uncomplicated divorce, one or both parties may still hire lawyers to help them through the process. You should talk to a lawyer if your case seems complicated or you have unanswered questions about how to proceed. An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, can advise you on what you should do if you want to settle your divorce.
Mediation is a different process than litigation. You need to decide whether or not you want to go through with the mediation process. This is exactly what it sounds like. The marriage is ending. No arguments are taking place. Both spouses agree on everything about the divorce. They both sign off on the document and make sure they understand it. They both agree to the terms of the divorce. There are no more problems. They both get along well after this. In Texas, there is no need for a spouse to be at fault for a divorce to occur.
A divorce can happen even if both parties are abusive or cruel towards each other. However, the court may decide that one party was more at fault than another. For example, the court could rule that the wife was more at fault for the marriage breakdown because she was physically abusive towards her husband. An uncontested divorce means there was never any dispute about who caused the breakup of the marriage. There was simply no reason to go to court. This is a simple case. There isn't any real drama or emotion. A judge decides who gets what after the couple agrees to split everything up.
Divorce is usually a very emotional time for everyone involved. In an uncontested divorce, there are no children or property to divide. This means that the financial issues are not as complex as they might be otherwise. Am experienced divorce lawyer who specializes in divorce can help you avoid making mistakes during the process. Contact us today at www.thorntonesquirelawgroup.com, we offer free legal advice and services for people who need help with uncontested divorces.