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REQUIREMENTS

 

In the State of Texas, there are some requirements that must be met to qualify for an Uncontested Divorce. The couple must:

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1. Have at least ONE party live in the state of Texas for at least 6 months prior to filing for the divorce.

2. Have at least ONE party live in the county for 90 days prior to where the divorce will be filed. 

3. Agree to be divorced.

4. Reach an agreement on all divorce issues.

5. Voluntarily sign all papers without service on any party.

6. Have a combined Estate Value of less than $250,000.

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If you do not meet these requirements, it would be wise to hire a divorce attorney.

 

 

DO NOT USE THIS PROCESS IF:

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• You or your spouse disagree about any issue in your divorce.

• You do not know what assets or debts you and your spouse have, or if your spouse has hidden money from you.

• You and your spouse believe that a non-standard custody agreement is in the best interest of your children.

• You or your spouse wants to file specific grounds for divorce, such as cruelty or adultery. An uncontested divorce provides for a no-fault divorce only and will be listed as “insupportability.”

• You or your spouse has an ongoing bankruptcy case.

• There is an existing attorney general order or if the attorney general is involved.

 

 

ADDITIONAL FACTORS TO CONSIDER 

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Wife has had a child by someone other than the husband since the date of marriage.

• Even if husband and wife have been separated for a long period of time, any child born during the marriage is presumed to be the husband’s child and must be included in your uncontested divorce in Texas.

• The biological father of the child must be added as an additional party to the divorce.

• The biological father must also meet the requirements for the spouses above.

• Additional fees will be assessed for adding a third party to the divorce.

• Some courts require genetic testing.

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If any of the Additional Factors applies to you, please email us and we will provide more information.

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