Divorce can be a challenging and emotional process. Understanding the legal aspects can make it more manageable, especially when dealing with an uncontested divorce. In Texas, uncontested divorces are generally simpler and faster compared to contested ones.
We will walk you through the essentials of uncontested divorce forms in Texas, while also touching on relevant Texas Family Code statutes.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What is an Uncontested Divorce?
An uncontested divorce is when both spouses agree on all terms of the divorce, including property division, child custody, and support issues. This type of divorce typically involves less conflict and is less costly.
The Basics of Uncontested Divorce Forms in Texas
To file for an uncontested divorce in Texas, you’ll need to complete several forms. These include:
Original Petition for Divorce: This is the initial filing that starts the divorce process.
Waiver of Service: If both parties agree, the respondent can sign a waiver, acknowledging the divorce without needing formal service of process.
Final Decree of Divorce: This document outlines the terms agreed upon by both parties and is signed by the judge to finalize the divorce.
Key Considerations in an Uncontested Divorce
Residency Requirements: At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for 90 days.
Waiting Period: Texas requires a 60-day waiting period from the date of filing before the divorce can be finalized.
Texas Family Code and Uncontested Divorce
The Texas Family Code provides the legal framework for divorce in the state. For uncontested divorces, several sections are particularly relevant:
Section 6.001: Grounds for Divorce. In an uncontested divorce, “insupportability” is often cited, meaning the marriage can no longer continue due to conflicts or discord.
Chapter 6: This chapter specifies the information that must be included in the Original Petition for Divorce, ensuring all necessary details are provided to the court. This includes information about children, property, and any requests for spousal support.
Section 153.002: Best Interest of the Child. When children are involved, the court always prioritizes their best interests.
Property Division and Spousal Support
In an uncontested divorce, spouses must agree on how to divide their property. The Texas Family Code, Section 7.001, requires a “just and right” division of the community estate. This doesn’t always mean a 50/50 split, but rather a fair distribution based on the circumstances.
Spousal support, or maintenance, is another critical aspect. Section 8.051 of the Texas Family Code details the conditions under which a spouse may be eligible for maintenance. Factors include the length of the marriage, the financial resources of each spouse, and any instances of family violence.
Child Custody and Support
For parents, child custody and support are significant considerations. The Texas Family Code, Section 153.002, focuses on the child’s best interests. Parents can agree on custody arrangements, but the court must approve them to ensure they are in the child’s best interests.
Child support is calculated based on guidelines in Section 154.001 of the Texas Family Code. The amount is generally a percentage of the non-custodial parent’s income and is intended to cover the child’s needs.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
Understanding the process of uncontested divorce forms in Texas can simplify your journey through this challenging time. By knowing the requirements and relevant statutes, you can better navigate the legal landscape.
At Turner Monahan PLLC, we are here to support you with experienced, dependable, and aggressive legal representation. Whether you need assistance with spousal maintenance, asset division, or child custody, our team is committed to helping you achieve your goals. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
