In Texas, many divorces are relatively smooth and simple.  Often, this is because there is not much at stake, because there are no children of the marriage and there is not much property. Also, in many cases, even if there is a lot at stake, the spouses can reach an agreement for the conservatorship, possession and access and support of the children, and a fair division of the marital property.  Whatever the cause, if the parties are able to reach an agreement as to all of the issues to be addressed in the divorce, such case is known as an "uncontested" divorce.

The legal process of an uncontested divorce begins with the filing of an Original Petition for Divorce.  Next, the "Respondent" spouse (the spouse that did not file the petition) signs a Waiver of Service.  This document "waives" (gives up) the right to have a process server hand-deliver the petition.  

Texas generally requires that a 60 day waiting period pass from the time the petition is filed before the Judge can grant a divorce.  During the 60 day waiting period, the attorney prepares a Final Decree of Divorce, which will be the order of the Court that grants the divorce, makes provisions for the conservatorship, possesesion and support of any children, and divides the property.  The Final Decree of Divorce can also restore the Wife's maiden name.  

At the conclusion of the 60 day waiting period, the parties can schedule a convenient time to appear in Court for a short hearing.  When the case is called, one or both of the parties approach the bench.  The Judge reviews the pertinent documents and allows the attorney to then ask questions.  These questions are vey simple and are essentially used to establish the Court's jurisdiction, that the marriage has become insupportable and that the provisions of the proposed Decree are fair and equitable to both spouses and are in the best interest of the children. The Judge then grants the divorce and signs the Decree.

Christiansen Law Firm is committed to provide excellent and efficient service to divorce clients in Texas.  The experienced attorneys at Christiansen Law Firm have extensive experience handling Texas divorces, and can assist with simple, uncontested divorces and more complex, contested divorces.  Contact Christiansen Law Firm today to schedule a free consultation.