Uncontested Divorce Lawyers
A divorce is only uncontested when the spouses involved agree on all major aspects of the dissolution of the marriage. In other words, any disagreement over property division, child custody, or some other financial concern will make a divorce contested.
Uncontested divorces can be attractive resolutions for most couples because they are typically far less expensive and time-consuming than contested divorces. Spouses should still make sure that they fully understand all of the possible consequences of the agreements they will be signing.
It is not uncommon for a person to rush through an uncontested divorce simply to end a marriage only to realize later that there were one or more issues that ended up being more important than they realized. In such cases, modifying divorce decrees can be enormously challenging and result in several additional expenses.
Are you interested in pursuing an uncontested divorce in Houston? Gregory Law PLLC can help ensure that your agreement serves all of your immediate and long-term best interests. Our firm will make sure that no critical areas are forgotten or ignored in your settlement. Contact us at (713) 861-1293 to have our lawyers provide a complete evaluation of your case during an initial consultation.
Why Do I Need a Lawyer to Handle Uncontested Divorce?
Uncontested divorce works well for certain types of spouses. Typically, the ideal couples for uncontested divorce are those that have no children and few marital assets or property.
Property division, spousal and child support, and division of debt are some of the most contentious areas of many divorces. Even when two spouses are in agreement over how to handle these types of issues, it is usually wise to have a third party provide a formal review to make sure nothing has been overlooked. Furthermore, though you may have every intention of having an uncontested divorce, if at any point you and your spouse cannot agree on something, the divorce can very quickly become contested. You do not want to be left without representation if this happens.
Filing the actual paperwork involved in an uncontested divorce can also be confusing for the average person (who is unlikely to get help from courtroom staff prohibited from giving advice). Simply put, an attorney is still a very good investment even when a divorce is uncontested because a spouse will be ensured that the settlement they are agreeing to will not create any unexpected problems later.
Why Choose Gregory Law PLLC?
Gregory Law PLLC handles uncontested divorce cases for clients all over the greater Houston area. The lawyers at our firm have more than four decades of combined experience handling these types of cases.
Myrna Gregory is a native Houstonian and the founder of Gregory Law PLLC. In addition to being a member of the Houston Bar Association, the State Bar of Texas, and the Texas Family Law Foundation, she is also a certified Mediator by the A. A. White Dispute Resolution Center.
Kitty L. Crutcher obtained her Doctor of Jurisprudence from Thurgood Marshall School of Law in 2003 and is a member of the Family Section of the State Bar of Texas. She was selected as one of the 2006 Professionals on the Fast Track by H Magazine.
Melissa Bazan also obtained her Doctor of Jurisprudence from Thurgood Marshall School of Law and is also a member of the Family Section of the State Bar of Texas. Ms. Bazan was admitted to the State Bar of Texas in November 2009.
Together, the attorneys of Gregory Law PLLC will work to make sure that your uncontested divorce settlement achieves all of your desired outcomes.
Uncontested Divorce Cases We Handle
While some couples may be ready to end their marriages as quickly as possible, Texas does place certain time limits on uncontested divorces. State law requires at least one of the spouses to have resided in Texas for a minimum of six months, and one of the spouses must have lived in the county in which the divorce is being filed for at least three months.
Even when these requirements are satisfied, the typical uncontested divorce process will last at least 60 days. An uncontested divorce will usually go according to the following timeline:
- Filing of Original Petition for Divorce — The uncontested divorce process typically begins with the drafting of the petition that will be filed in court. As part of this filing, a person may also want to file other important documents relating to the divorce.
- Filing Waiver of Service — When most contested divorce petitions are filed, an officer appointed by the court serves the documents to the spouse named in the petition (referred to as the respondent). Texas Family Code § 6.4035 establishes that a person can waive the issuance or service of process by filing a copy of the filed petition with the clerk of the court. Doing this will allow for a divorce to be finalized without notice to the other party.
- Review Final Decree — After a waiver of service has been filed, the next step will be drafting the final divorce decree. The decree will need to be reviewed and signed by both parties.
- Final Hearing — After both spouses have signed and agreed to the final divorce decree, the couple will need to appear in court to officially finalize the divorce. The divorce will have to have been on file for at least 60 days. In most cases, the hearings are relatively short and involve a judge asking fairly straightforward questions.
Expedited uncontested divorces are allowed in Texas only when a couple has no minor children, neither spouse has an ongoing bankruptcy case, neither spouse is seeking alimony, and the couple owns no shared property and no retirement benefits to divide.
If you think that you might be able to file for an uncontested divorce in Texas, you should still retain legal representation to be sure the terms of the divorce are in your best interest. Gregory Law PLLC represents clients in communities throughout the Houston area.
Our firm understands that many people want to complete these processes in the most economical manner possible and we will work with you to accomplish your goals without busting your budget. You can have our divorce lawyers review your case and help you understand all of your legal options as soon as you call (713) 861-1293 or contact us online.