How to File for an Uncontested Divorce Without an Attorney in Texas
An uncontested divorce is a divorce where both parties are in complete agreement on all of the issues surrounding the end of their marriage. These issues include child custody and support, alimony and the division of the couple's property and debt. Couples who agree on these issues often decide to file an uncontested divorce to save time and lessen their potential legal expenses. In Texas, the procedure to file and finalize such a divorce is simple and can be completed without the help of an attorney.
Instructions
How to File for an Uncontested Divorce Without an Attorney in Texas
- 1
Make certain you meet the residency requirements to file for an uncontested divorce in Texas. At least one of the parties involved must have lived continuously in the state for six months prior to the filing.
2Prepare the original petition for divorce for the Texas county district court where the filing party lives. Information on this standard Texas form includes both parties' names and addresses, the date and place of marriage, the grounds for the divorce and information regarding children, property, debt and alimony.
3Sign the petition and take it plus two copies to the county district court. You will pay a filing fee of $250 to $300, depending on the county where the action is filed. The clerk will open the case and give it a number. Write the case number on the two copies you have of the divorce petition.
4The filing party must obtain a waiver of citation and mail it to the spouse along with a copy of the divorce petition. The spouse must sign the waiver of citation, a document which tells the court that she has received the divorce petition and does not need to be served by a representative of the court.
5File the signed waiver of citation with the clerk of the district court. In Texas, a couple cannot request a final hearing sooner than 60 days away. Sixty days is the waiting period before a judge can sign the final decree and finalize the divorce.
6Prepare the final decree. This is the document the judge will sign to grant your divorce. It includes information detailing any agreements the couple has come to concerning all of issues regarding the termination of the marriage. The filing party will take this final decree to the final hearing.
7Schedule the final hearing. Different district courts in Texas have different scheduling procedures, so call the clerk of the court in the district where the divorce is filed and ask how to get a final hearing scheduled for an uncontested divorce.
8On the date of the hearing, the filing party will take to the courthouse a copy of the final decree. The judge will ask some simple questions based on the information in the filed paperwork. The judge will then sign the final decree granting the divorce.
9The filing party must file the final decree with the clerk of court and ask for a certified copy. A certified copy of the decree must be mailed to the other party as well. Be sure to keep this important legal document in a safe place in case it is needed in the future.
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