Uncontested Divorce or Agreed Divorce in Texas
An uncontested divorce in Texas is also sometimes called an agreed divorce. A divorce is an uncontested divorce when spouses are not fighting over issues in their divorce. An uncontested divorce or agreed divorce can sometimes be completed as a DIY divorce, or by using a divorce form website. And, people usually consider filing their own Original Petition for Divorce and creating the Final Decree of Divorce themselves as a cost-saving measure. However, using an experienced divorce attorney for an agreed divorce or uncontested divorce in Texas can be much less expensive than people assume. An attorney-assisted uncontested divorce can be much less expensive than a contested divorce. A straightforward, simple agreed divorce with an attorney can begin as low as $3,500 and the increases are based on the needs of each case. Some of the agreed divorce cost factors are requirements for the divorce pleadings and divorce process. There are three main areas of the divorcing couple’s lives that must be included in an agreed divorce, and will increase the cost of the agreed divorce in Texas. The divorce must include orders about the children, the divorcing couple’s property and any other agreements the couple have made.
Some of the areas that must be included in the divorce pleadings including the Final Decree of Divorce if there are children involved in the divorce, are the rights and duties of the parents, child support, and a possession schedule or parenting plan. Preparing these will increase the cost of an agreed divorce. A few of the questions an experienced divorce attorney will ask include did the divorcing couple have the children together, and next, are the children under 18 years old, do you have an agreement about child support, when will the child see each parent. There are many parts of a divorce that are specific to children in divorce.
Another divorce factor that will affect the uncontested divorce costs is the property they own together. A divorce attorney will ask questions like do they own the real property together, does either spouse own property by inheritance, or from a purchase made before marriage? The answers to these property questions determine what steps need to be taken by a competent divorce attorney.
How long does an Uncontested Divorce take?
A common question is how long does it take to get an uncontested divorce? An agreed divorce or uncontested divorce can be completed as quickly as 61 days. Texas has a 60-day waiting period for divorce. A simple straightforward uncontested divorce can be completed right after the divorce waiting period is finished.
How do I get an Uncontested Divorce?
An uncontested divorce at a minimum requires an Original Petition for Divorce, service on the other spouse or a Waiver of Service and a Final Decree of Divorce or Agreed Final Decree of Divorce, and probably requires more pleadings based on how much untangling your lives require. During COVID-19, courts are also requiring submitted evidence statements instead of a prove up hearing to complete an agreed divorce. We as divorce attorneys don’t know right now, if the courts will continue to allow submitted Agreed Final Decrees and evidence statements to finalize an uncontested divorce. This will be something that could change in the future.
How much does an Uncontested Divorce cost?
Everything in an uncontested divorce must be filed in order for the court to grant a divorce. The total cost for an uncontested divorce will include filing fees for an Original Petition for Divorce in Texas, and other divorce pleadings, divorce forms, and any court fees and costs. Without any attorney’s fees, the uncontested divorce cost can cost as little as filing fees and court costs. An attorney assisted agreed divorce or uncontested divorce will include the attorney’s fees based on the work required to complete your agreed divorce.
What Happens After an Agreed Divorce?
The Agreed Final Decree of Divorce otherwise called the divorce decree is the official ‘you are divorced’ document. Currently, divorce attorneys are able to file agreed divorce documents by submission for the Judge’s consideration and review electronically. The Judge signs electronically and the divorce attorney receives the signed and filemarked Final Decree of Divorce electronically, as a pdf file. Divorce attorneys are not receiving a certified copy of the Final Divorce Decree when a divorce is final.
Right now, if one needs a certified copy of a divorce decree, the way to get it is to contact the Denton County District Clerk’s office.
And, one final word of advice, don’t get married within 30 days of your divorce. There is a 30-day waiting period for remarriage after divorce in Texas.
How do I start an Agreed Divorce?
The best tip about how to start an agreed divorce is to contact an experienced, competent divorce attorney to get the best agreed divorce that you can. Contact us today to set up your appointment to meet with a divorce attorney.