HOUSTON DIVORCE & FAMILY LAW ATTORNEYS
Serving Clients in Houston, West Houston, Southwest Houston, Sugar Land, Katy, Copperfield, Memorial, Spring, Jersey Villiage, Tomball, Conroe, Montgomery, Northwest Houston, Northchase, Spring Cypress, Champion Forest, The Woodlands, Kingwood, Humble, Lake Houston, Midtown, Memorial, West Oaks, Royal Oaks, Clear Lake, League City, Westchase Business District, Harris County, Montgomery County, Fort Bend County, Brazoria County, and Galveston County.
HOUSTON UNCONTESTED DIVORCE LAWYERS
Experienced Houston Family Law Attorneys & The Woodlands Divorce Lawyers
Texas Uncontested Divorce
The Texas Family Codes provide a relatively easy way in which a couple who have agreed in all issues regarding the division of properties, child custody, and child support, to file and conclude their divorce. This process is often referred to as “uncontested divorce.” As such, Texas is one of the friendliest jurisdictions where a divorce is much less time consuming than other states. This process is expedited when the spouses agreed in all issues, including but not exclusive to the division of properties, Child custody and visitation, and child and spousal supports. Further, because Texas is a “no fault” divorce state, a couple only need to show that there are irreconcilable differences between the spouses in order to file a divorce petition. Our Houston Uncontested Divorce Attorneys and our Spring and Conroe Uncontested Divorce Lawyers are experienced in preparation and filing uncontested divorces. Our Houston Divorce Attorneys will assist you in preparing and filing an uncontested divorce at a relatively low rate. Best of all, the uncontested divorce in Texas can be as quickly as 60 days from the date of filing. For more information, please contact our Harris County Divorce Lawyers and our Montgomery COunty Uncontested Divorce Attorneys at 713-492-0337.
In an uncontested divorce, it is often that only one party is represented by a lawyer. The Houston Uncontested Divorce Attorneys represents just either the non-petitioning spouse or the petitioning spouse. The petitioning spouse is the party that would be filing the original petition for divorce. If the non-petitioning spouse is also represented by an attorney for negotiation purposes, the divorce may become a contested divorce if the other party and opposing counsel determined that the division of property, custody, or visitation of minor children is not fair and equitable. Therefore, although many couples who thought that they may have an uncontested divorce, at first impression, may have differences that needed negotiation and settlement prior to filing or finalizing the divorce. As such, the parties will be adding time and expenses to the process.
Drafting and Filing Procedures in Harris and Montgomery Counties Texas
Once the parties have agreed on all issues concerning properties and children, including custody and visitation, the North Houston Divorce Attorneys and the Spring Cypress Divorce Lawyers will draft the original petition for divorce and file it with the court. The original petition will demonstrate that the couple are legally married and state specific facts of the grounds for the divorce. In Harris County, all divorce proceedings are filed at the Harris County Family Law Center, which are the County District Courts designated solely for family law filings, including paternity suits and suits affecting the parent-child relationship (SAPCR). The procedures in Montgomery County and Fort Bend County in Texas are different, however. In both Montgomery and Fort Bend Counties, the divorce petitions are filed at the same intake clerk at the Country District Clerk. The clerk will then assign the case to a county district court, which may hear a number of other civil litigation suits.
Subsequent to filing the Original Petition of Divorce, our Houston Divorce Lawyers and our Spring Divorce Attorneys would draft the certificate of waiver of service, the final decree of divorce, and the divorce order. The purpose for the Certificate of Waiver of Service is to let the court know that the non-petitioning party wishes not to be notify of legal proceedings with the court and waive appearance at the final hearing, referred in Texas as the “prove-up.” As such, at the date of the prove-up, only the petitioning spouse and the Houston Divorce Lawyers at PHAM & CLOVES, PLLC. would appear in court for the hearing. The final decree of divorce states all issues in which the spouses agreed and outlined specific procedures to execute issues discussed. Finally, the order restates most of the issues specified in the final decree for the judge to sign. The parties must be sure that all issues of concerns on the divorce order are as agreed. Once the order is signed, it is final unless a party timely filed and appealed the trial court’s decision, or the trial court grants a petition for an equitable bill of review.
Proving-Up The Final Decree of Divorce
Assuming that both spouses agreed on all issues and the non-petitioning party signed the waiver of service, the finally decree, and the final order, the last necessary process to finalize the divorce would be the prove-up. After 60 days from the date of filing the original petition, the petitioning-spouse and the Harris County Divorce Lawyers or the Montgomery County Divorce Attorneys at PHAM & CLOVES, PLLC. will appear in the district court to prove-up the divorce. Within the proceeding, the Houston Divorce Lawyers and the Woodlands Divorce Attorneys will ask the petitioning spouse a series of questions. These are questions that are required to demonstrate that the spouses met the minimal requirements to finalize the divorce, which may involve, but are not exclusive to, the division of properties, custody of children, child support, health insurance, spousal support (if any), pregnancy issues, and grounds of divorce. In addition, the court may have questions of its own and the spouse must answer honestly and truthfully.
Once the court determines that all issues of concern are satisfied, the court would review and sign the divorce order. The parties are legally divorce from the date in which the court signed the final order, which may or may not be the same date of the prove-up. It is worth noting that the parties must wait for at least 30 days from the date of the divorce order before one can get married. Within the 30 days period, the non-petitioning party may file an appeal based on the order of the court. Should you have any other questions regarding uncontested divorce or collaborative law, please contact the Houston Uncontested Divorce Lawyers and the Woodlands Uncontested Divorce and Collaborative Law Attorneys at PHAM & CLOVES, PLLC.
Please DO NOT rely on the information above to replace a personal consultation with our Houston Family Lawyers and our Houston Divorce Attorneys. There may be other legal issues, depending on the fact and circumstances, in which we have not had the opportunity to discuss in this article. Every case is unique and requires our Houston Child Custody Attorneys and our Spring Family Law Lawyers to review and to provide a personal consultation. Please contact our Montgomery and Harris County Divorce Lawyers at 713-492-0337 or complete our Online Contact Form.