Divorce is hardly ever easy, but sometimes it is necessary for both parties to be happy in the long run. If a divorcing couple can agree on property division, spousal maintenance, and other common divorce-related issues without the help of the court, the couple may benefit from filing for an uncontested divorce.
To file for an uncontested divorce, you must meet certain eligibility requirements. Some of these requirements include:
- Spouses have no minor children under the age of 18 or children with disabilities
- Spouses must have lived in Texas for at least six months and the county for at least 90 days
- Spouses must have lived apart for at least three years prior to the trial with no sexual relations
- Spouses are not involved in a bankruptcy case
- Spouses must have reached a settlement agreement
Filing for an uncontested divorce
If the couple is eligible, one party will file a petition for divorce and other necessary documents and pay the necessary filing fees. The other spouse will either sign a waiver of service or be served with the notice of the filing and a copy of the petition. Both parties must wait 60 days after filing before the divorce can be finalized. Once the 60 days are up, they will present their case to the court during an uncontested divorce hearing, after which the judge will sign the final decree.
Even an uncontested divorce can become complicated if you do not follow the correct procedure. A family law attorney can help you through the process and make sure your divorce is as smooth as possible.