This post will be the first in a series of posts on agreed or uncontested divorces in Texas. Everything in here applies anywhere in Texas. Since we will be addressing agreed divorces, I am going to keep it very basic.
However, before beginning a discussion on an uncontested divorce there needs to be a focus on the basics of a Texas divorce.
The agreed divorce process begins by filing an Original Petition for Divorce. This begins the process and starts the 60 day waiting period required in Texas. The person who files this is called the Petitioner.
After the “petition” is filed, and ONLY after the petition is filed, the Petitioner can present the Respondent (the other spouse) a Waiver of Service. Anytime someone is sued, including uncontested divorces, they are entitled to notice of the lawsuit. The Court will require proof that spouse has received a copy of the petition.
In comes the Waiver of Service. This document is signed and notarized by the Respondent and filed with the Court. This tells the Court that they have received the Petition and advises the Court how much they want to participate in the lawsuit. A Waiver of Service is sometimes called a Waiver of Citation.
Since this is an agreed or uncontested divorce, I am assuming that the spouse agrees to sign the waiver of service. If they do not, you may not have an uncontested divorce.
Once the petition and waiver are filed, all that remains is the Final Decree of Divorce. This is the order of the Court in a divorce and is the final document. It resolves ALL of the divorce issues and is typically signed by both the husband and the wife. Again, this series on agreed divorces in Texas assumes that everything is agreed.
Once the sixty days waiting period has elapsed, the Petitioner will appear before the Court with the signed final decree and prove up or finalize the uncontested divorce.
In upcoming posts I will discuss:
- Each document in more depth;
- The meaning of an agreed divorce in Texas;
- The different types of uncontested divorces in Texas;
- The benefits and disadvantages of each type of agreed divorce in Texas;
- A brief description of property and child related issues in the divorce;
- Mediation for an almost agreed divorce, what it is and how it helps; and
- Agreed Modification of Texas divorce decrees or orders.
Talk to you soon!