While many divorces are contentious and involve protracted legal battles over marital assets, some couples are able to agree on the terms of the dissolution of their marriage with relative ease. In such instances, they may be able to avoid the stress and cost of litigation by seeking an uncontested divorce. While an uncontested divorce is quicker and easier than a typical divorce, it is only available in certain circumstances, regardless of the parties’ agreement that the marriage should end. If you and your spouse want to end your marriage and you do not share assets or children, you should speak to a lawyer to determine whether you may be eligible for an uncontested divorce. The knowledgeable Dallas uncontested divorce lawyers of McClure Law Group are skilled at handling a variety of family law matters, and if you hire us, we will help you seek an efficient and seamless dissolution of your marriage.Requirements for Obtaining an Uncontested Divorce Under Texas Law
Under Texas law, parties seeking an uncontested, or agreed to, divorce must meet certain requirements. First, they must establish that the court where the divorce petition is filed has jurisdiction over the matter. To do so, they must show that either spouse has resided in the state for at least six months and in the county where the action was filed for at least three months prior to filing. Once the residency requirement is met, they can seek an uncontested divorce if they can demonstrate they meet other prerequisites. First and foremost, they must both agree to end the marriage, and affirm that neither party is seeking alimony. They must also establish that they do not have any minor children together and do not have any jointly owned property, which includes the right to retirement benefits. Finally, they must demonstrate they are not currently involved in a bankruptcy case.The Process of Seeking an Uncontested Divorce
A couple that meets all of the requirements may seek an uncontested divorce with the assistance of an uncontested divorce attorney in Dallas. To do so, one party must complete and file a petition in the appropriate county seeking a no-fault divorce. The petition must then be served on the filing party’s spouse by a person permitted to effectuate service or given to the spouse along with a Waiver of Citation, which is a form stating that he or she does not require personal service of the petition and does not contest anything in the petition. If the spouse agrees to sign the Waiver, it must be signed in front of a notary and then be filed with the court. Otherwise, the responding spouse can simply decline to answer the petition within the required time frame after service, which effectively amounts to an admission of the assertions in the petition.
In Texas, the courts will not grant a divorce until at least sixty days have passed since the petition was filed. During that time, the parties can retain a Dallas uncontested divorce attorney to assist them in drafting and signing an Agreed Decree of Divorce, which sets forth the terms of the dissolution of the marriage. After the sixty-day period ends, the court will schedule a hearing to finalize the divorce, during which the court will review the filed documents and may ask questions to ensure the parties agree on all of the terms of the divorce. At the conclusion of the hearing, the judge will sign the Agreed Decree of Divorce, at which point the divorce will become final.Confer with a Trusted Lawyer in Dallas
While ending a marriage takes certain legal actions, it does not always require a lengthy and complicated process. If you and your spouse agree to divorce and you meet other requirements, you may be able to obtain an uncontested divorce and should speak to an attorney. The lawyers of McClure Law Group are proficient at helping people seeking a dissolution of their marriage choose the most appropriate manner to proceed, and we can advise you of your options and aid you in seeking a prompt resolution. We regularly assist people with uncontested divorces in Dallas, Richardson, Garland, Rockwall, Fort Worth, McKinney, Irving, and Frisco. We also frequently represent people in family law matters in cities throughout Dallas, Rockwall, Grayson, Collin, Denton, and Tarrant Counties. You can reach us through our form online or at 214.692.8200 to set up a meeting with an uncontested divorce lawyer in Dallas.