If your marriage is over, it’s a good chance that your inability to agree on much of anything contributed to its demise. However, if you and your ex can agree on the terms of your breakup, you may be able to expedite the process of divorce and save yourself some money at the same time. Texas allows parties to file an uncontested divorce proceeding under the following circumstances:
- You or your spouse have lived in Texas for at least six months
- You or your spouse have lived in the county where the divorce is being filed for at least three months
- There are no issues related to the divorce upon which you disagree
In addition, to qualify for an uncontested divorce, you must meet all of the following tests:
- You have no children together who are younger than 18
- You do not have an ongoing bankruptcy filing
- Neither party is seeking alimony
- You both want to terminate the marriage
- There are no retirement benefits that need to be allocated
- You don’t own any property jointly with your spouse
Even though there’s no requirement that you retain counsel to represent you in an uncontested divorce, it’s usually a smart idea. There are a number documents that must be completed and filed, including your petition for divorce, a waiver of service of process, a child support worksheet, and income withholding order for child support and a final divorce decree.
Under the Texas Rules of Professional Responsibility, it is a violation of the code of ethics for the same attorney to represent both sides in a divorce proceeding, even where the parties agree on all issues and want the same counsel.
Contact the Law Office of Len Conner & Associates
To learn your rights and options in a paternity dispute in Texas, contact our office online or call us at 972-445-1500 (toll free at 877-613-5800). Your first consultation is free of charge.
