Uncontested Divorce Lawyer in Houston: Houston Agreed Divorces
Divorce is an inherently stressful process. Many couples seek to find the easiest path forward, and with this goal in mind, they may decide on an uncontested divorce.
While uncontested divorce is an option that works well for many people, it also has some pitfalls. You should consider the benefits and risks of each form of divorce before you file.
Divorce can have serious consequences on your finances and your relationship with your children, so you should think carefully about your legal decisions before finalizing an uncontested divorce.
At The Larson Law Office, we help clients evaluate choices when they desire to dissolve their marriage. We explain the process involved in each legal proceeding, including uncontested divorce.
Here, we’ll give you insight to consider when deciding whether to file for a Texas uncontested divorce.
What Is an Uncontested Divorce?
There are two categories of divorce: contested and uncontested. A contested divorce means parties disagree on terms and they must negotiate or fight it out in court.
In an uncontested divorce, the parties agree on all aspects of the divorce, including:
The parties sign an agreement that acknowledges all terms of their uncontested divorce and submit it to the court. This type of divorce can reduce stress and court costs, but it may not serve both parties’ best interests.
Can You File for a Texas Uncontested Divorce?
You must meet Texas residency requirements to file for divorce in a Texas court. If you have lived in Texas for six months and lived in your county for 90 days, you can file for divorce in your Texas county’s court.
If you live in another state, but your spouse has lived in Texas for the last six months, you can file for divorce in the Texas court in the county where your spouse resides. A Texas family attorney can guide you on the proper court for your divorce proceedings.
Do You Need a Lawyer for an Uncontested Divorce?
You don’t have to hire an attorney for an uncontested divorce.
However, a Houston uncontested divorce lawyer will look out for your best interests and may be able to share valuable advice that can protect your assets. When your property, and possibly your child, is at stake, you need solid representation, guidance, and advice.
What Is the Process for an Uncontested Divorce in Houston?
In a Houston uncontested divorce, you and your spouse may have negotiated terms before beginning legal proceedings. Once you have decided on an agreed divorce in Houston, Texas, the divorce process then goes through these steps.
File a Divorce Petition
You file for divorce by submitting an Original Petition for Divorce and filing fees with the court in your county.
Serve Your Spouse
You serve your spouse divorce paperwork by asking your spouse to sign a Waiver of Service or hiring a process server. You can, as a last resort, publish a public notice in a local newspaper if you can’t locate your spouse.
Receive Your Spouse’s Answer
Your spouse must file an answer to your divorce petition within a certain time period. Texas law says that the served spouse has to “file a written answer with the clerk who issued this citation by 10 a.m. on the Monday next following the expiration of 20 days after [they] were served.”
If your spouse doesn’t file an answer within this time limit, the divorce becomes a default divorce. This default divorce designation allows you to complete divorce proceedings without your spouse participating.
Wait at Least 60 Days
Texas law requires a 60-day waiting period from the time you file for divorce to a divorce being finalized.
So even though an uncontested divorce can be finalized more quickly than a contested divorce, you must wait at least 60 days. You can wait more than 60 days if needed, and contested divorces usually take many months to complete.
Attend a Final Divorce Hearing
After the 60-day time period, you will attend a final divorce hearing with your uncontested divorce lawyer in Houston. There, a judge will review your divorce settlement and issue a Final Decree of Divorce.
What Are the Risks of an Uncontested Divorce?
The benefits of an uncontested divorce are clear: It’s faster and it saves you on stress, legal fees, and court costs. But what are the risks?
Here are a few things you should consider before filing for uncontested divorce:
- Have you accounted for all assets, including any hidden assets, and divided them fairly?
- Do your custody arrangements reflect the rights of both parents and the best interests of the children?
- Does one spouse hold more power, such as legal knowledge or connections, than the other spouse?
- Does the settlement reflect what you want or are you giving in to intimidation or exhaustion?
It’s important to proceed slowly and think carefully in a divorce.
While an uncontested divorce may be a great option for you, it could also hold hidden risks. A consultation with a divorce attorney can help you evaluate these benefits and risks before filing for divorce.
Contact a Houston Uncontested Divorce Lawyer
If you and your spouse are considering an uncontested Texas divorce, you need an experienced Houston uncontested divorce attorney to guide you through the process.
At The Larson Law Office, we want to help you achieve a low-stress divorce that also looks out for your best interests.
We can help you with either a contested or uncontested divorce at our law firm in Houston. We want to help you think through the many decisions required in a divorce, so you achieve an outcome that you won’t regret later.
Our attorneys provide each client with personalized advice, not cookie-cutter solutions. We’ll give you compassionate, knowledgeable guidance while working to efficiently achieve your goals.
Contact the Harris county uncontested divorce attorneys at The Larson Law Office for a consultation to discuss your uncontested Texas divorce.