Uncontested Divorce in Texas
This guide will explain the process to file and finalize a divorce. It is always advised that you hire an attorney for any legal proceeding, but this guide will help with the basics.
Filing for DivorceThere are many forms that people may use to file, but at the end of the day, they have the same basic information. This document is called the Original Petition for divorce. In this form, you are identifying yourself, your spouse, the reason for divorce, how property will be distributed (if any), etc. It is also here that you should include your desire to have your name changed to your maiden name. You may need to include a Health Insurance Availability form, UCCJEA form, and any standing orders your county may have. Filing fees for this can set you back around $300 typically.
Serving your SpouseOnce filed, your ex-spouse must be notified of the filing. This can be done through the local constable at the court, a private process server, or this can be waived by your ex-spouse. With most uncontested divorces, service of process is waived, but if you end up having to do so it will run you about $100. After your ex-spouse is served, this begins their opportunity to respond or dispute your petition.
Reconcile Waiting PeriodSometimes people file for divorce as a way to let their spouse know that they're serious. In some cases, people end up reconciling, getting back together, and wanting to dismiss their case. That's exactly what the purpose of this waiting period is for. Texas requires a minimum of 60 days from filing before any divorce to be finalized.
Finalize Your DivorceAfter 60 days, you must draft up your Final Decree. Again, some of these forms are free online. These are basically forms that restate what your petition stated. After you draft up your decree you must appear before your court and prove up your decree. This means entering testimony in front of the judge indicating you are who you say you are, you understand what finalizing a divorce means, and that everything you've filed is true and correct. Once this is done, the court will sign.