Obtaining an Uncontested Divorce in Texas
A divorce proceeding is, in many respects, like any other civil lawsuit in Texas. The case is initiated by one party filing a petition for divorce. The opposing party must then be given notice that the suit has been filed through the issuance and service of a citation. The citation commands that the party respond to the suit within a specified time.
When no controversies exist, such as no significant property to be divided or no children involved, the opposing party may not respond to the suit. In such a case, the filing party can take a default judgment against the opposing spouse. In an uncontested case, it is also common to ask the opposing spouse to sign a waiver of citation and an agreed decree to resolve the case by agreement.
As your Houston uncontested divorce lawyer, Terry L. Hart can explain the legal process to you in a simplified and effective manner. Contact Terry L. Hart to arrange a consultation.
Walking You Through the Legal Issues
The Texas Family Code requires that at least 60 days pass between the divorce filing and the granting of the divorce. If the opposing spouse fails to answer the lawsuit or has filed a waiver of citation, the filing spouse can take an uncontested or agreed judgment for divorce against the opposing spouse on or after the 61st day.
In cases where the opposing party responds to the filing, the vast majority of family law cases in Texas do not proceed to a contested trial, but are settled by an agreement between the parties that is approved by the court.
An Out-Of-Court Settlement Works for Many Couples
Texas family law is well-elaborated and reflects the accumulated wisdom of the legal profession in addressing issues relating to:
- Property division
- Child custody
- Child support
- Spousal maintenance
- Domestic violence
Family law cases are generally resolved by taking into account how a court would likely resolve the issues if the case were to go to trial. Each party generally concludes, through a process that can involve great stress, anger, anxiety and emotion, that his or her case will best be resolved by an agreement with his or her spouse.
Settling a case by agreement often offers numerous advantages to both parties. It eliminates uncertainty as to the outcome and allows parties to exercise their own discretion to a greater extent in fashioning a resolution. It also minimizes legal fees, expenses and costs.