A divorce that does not require a court hearing is called an uncontested divorce. This type of divorce can be done through mutual agreement or mediation. In many cases, when both parties agree to the terms and conditions of the divorce, it is possible to file without the need for a court appearance. However, it is usually best to speak with a qualified divorce lawyer for men Houston before signing anything, especially if children are involved.
Uncontested divorces are often preferable because they are less expensive and have less chance of conflict. It is more common for older adults with children to opt for an uncontested divorce than younger married couples with no kids. The two parties can sign a settlement agreement that defines the division of property, custody of children, child support payments, and alimony payments.
What is the process of Uncontested Divorce in Houston?
Uncontested divorces are often preferred by couples who have already determined that their marriage is irreparable and believe that divorce will be mutually beneficial. The process of uncontested divorce includes filing for a divorce, filling out the appropriate paperwork, and attending a hearing to finalize the proceedings.
Divorce is a difficult emotional process for anyone going through it. In uncontested divorces, one person must file papers with the court and serve the other person with those papers to start the divorce proceeding. Typically, the party who files these papers is the spouse who wants out of the marriage, but sometimes it can be a legal spouse who wants to terminate a common-law relationship.
In short, the process of uncontested divorce is as follows:
- Discuss things with your spouse and mutually agree on who among both of you will initiate the process by hiring an attorney.
- Draft the divorce petition and file the case in court.
- Do all the paper works. The non-filing spouse should have to sign a waiver indicating that divorce can be finalized without further notice to the non-represented spouse. This waiver has to be submitted in court.
- The attorneys prepare a Final Decree of Divorce after receiving all necessary information and agreements. Both parties have to sign the Final Decree of Divorce and should be submitted to the court 61 days after the original petition was filed.
- After a 61-days waiting period, the filing spouse must present in the court along with all supporting documents.
- The attorney asks the filing spouse a few questions in the court. The judge examines the answers, reviews the documents submitted, and decides whether to grant a divorce or not.