LEGAL GUIDE
Written by attorney Eric B. Dick | Oct 12, 2010

How to File an Uncontested Divorce in Harris County, Texas

Overview

This is an article to explain how to file an uncontested divorce. It is highly recommended that you, instead, consult with an attorney. Many attorneys offer free consultations. Many attorneys charge a flat fee on uncontested divorces. Depending on whether there are children and property, it is my opinion that you can hire an attorney to do an uncontested divorce for as low as $500.00 plus court costs. If you do have children or property, you should definitely consult with an attorney.

Filing an uncontested divorce can be summarized into three fundamental steps. These are:

  1. Prepare Petition

  2. File Petition

  3. Pay Court Costs

Preparing the Petition

Preparing a petition for divorce is relatively simple and samples can be found in books or purchased, for a relatively low price, online. One is available on my website at www.dicklawfirm.com/uncontested\_divorce.rtf (http://www.dicklawfirm.com/uncontested_petition.rtf).

This over applies to the samples given on my website. First, you will need to fill in the case style. This begins with "In the Matter of the Marriage of..." You will be listed first as you are the plaintiff or petitioner. He, she, or it will be listed second as the respondent or defendant. Second, under Section 2, parties, you need to enter in information as to who the parties are. This is described above in this paragraph.

Under Section 5, if a protective order has been issued then you should list that. Under Section 6, Dates of the Marriage and Separation, you will need to enter in the dates you were married and separated. Finally, you need to print out the petition and sign your name as the pro se petitioner.Filing the Petition and Paying Court Costs

The next step is to get into your automobile, get a ride from a family member or friend, or take some public transportation to: 1115 Congress; Houston, Texas 77002. You should take the stairs or elevator to the basement. There you will find a fee filing window. You should pick a number. Let the clerk know that no service is necessary at this time. You will then need to pay the clerk around $220.00 in court costs. You can find court costs on by visiting Harris County District Clerk's website: http://www.hcdistrictclerk.com/Common/Civil/pdf/Fee\_Schedule\_Civil\_and\_Family.pdf (http://www.hcdistrictclerk.com/Common/Civil/pdf/Fee_Schedule_Civil_and_Family.pdf)

Additional resources provided by the author

www.dicklawfirm.com/uncontested_divorce.rtf

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