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Barbara L. Jouette, Attorney, P.C.
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How to complete an uncontested divorce in Texas

In Texas, a divorce case can be uncontested if one of two criteria are met. The first is that both parties agree to the divorce and are in agreement regarding all related issues. The second alternative is when the other party has not responded to legal paperwork regarding the request for a divorce.

In most cases, the divorce cannot be finalized until 61 days have passed after the original petition for divorce has been filed. If the other spouse has been served by an official process server, the other party generally has 21 days to replay to the paperwork. However, it may be possible for the other party to waive service if he or she signs the paperwork in front of a notary and it is filed with the court.

In an uncontested divorce case, it may be possible for the original petitioner to finalize the divorce without the other spouse after the waiting period has passed. This is true if the other spouse did not provide an answer to the petition. To finish the divorce, a court date must be scheduled and a divorce decree must be entered. During the court date, all the relevant paperwork will be presented to a judge who will enter it into the court record.

Whether the divorce process is contested or uncontested, it may be advisable to go through it with the assistance of an attorney. In the event that both parties agree on all relevant issues such as spousal support and the division of community property, a family law attorney can help in the negotiation and preparation of a final settlement agreement that will be approved by the court.

Source: TexasLawHelp.org, "The Uncontested Divorce Process in Texas ", accessed on Feb. 16, 2015

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