To view this process 'at a glance', click here
Stage 1 - Start Your Divorce Proceedings
Residency Requirements
To obtain an uncontested divorce in Texas, you or your spouse must have been resident here at least 6 months prior to filing your petition and you must have lived in the county you are filing in for at least 90 days.
In Texas, you and your spouse cannot obtain an uncontested divorce if the wife is pregnant by the husband.
Grounds for Divorce
There are two grounds for an uncontested divorce in Texas. These are:
- The marriage has 'irretrievably broken down and has become insupportable because of discord or conflict of personalities'.
- You and your spouse have been 'living separate and apart without cohabitation for 3 years'.
Assets
You and your spouse will need to agree the terms of your Marital Settlement Agreement with regards to division of property, assets, liabilities, child support and child custody. This agreement will also disclose tax returns. Remember, your Marital Settlement is completed by us free of charge as part of the Quickie Divorce Premier Service.
Our highly experienced team of legal professionals are dedicated to providing you with all the necessary documentation and guidance required to complete your uncontested divorce quickly, easily, and with the least stress.
Satisfied that your circumstances fit the above criteria? Submit your details using our simple online questionnaire and your divorce will progress to stage 2…
Stage 2 - Serving Your Forms
In order to serve your spouse, you will need an Original Petition for Divorce form.
If you and your spouse have minor children born to you and one of you resides outside of the state of Texas, you will also need the Out of State Parent Affidavit to file with your divorce petition.
Take the original forms plus two additional copies to the District Clerk of your local court for filing. The District Clerk will 'conform' the papers by stamping and dating them. He/she will also assign a case number. You can now serve a conformed copy of the divorce papers to your spouse.
In legal proceedings, you are known as the Petitioner and your spouse is known as the Respondent.
Once the respondent has been served, they must sign a Waiver of Service form to show they have had legal notice of the divorce and agree to the terms of the petition. This form must be signed in the presence of a Notary Public then returned to you for filing. You can often locate a Notary at a bank, or payroll, insurance and real estate offices.
The respondent has 20 days to complete the Waiver of Service form then must return it to you for filing. The respondent also has 20 days to file an answer to the petition with the court.
Once all the necessary forms have been filed, they must be held on file with the court for at least 10 business days.
All you have to do is submit your details online, and we will complete all the forms for you. Our divorce documentation is written and approved by our team of professional attorneys who have a wealth of experience in this field.
Stage 3 - Finalizing Your Divorce
In this final stage of the divorce proceedings, you and your spouse must participate in a 61 day waiting period from the date the petition was originally filed before your divorce can be finalized.
A Final Decree for Divorce and your Marital Settlement Agreement must both be taken to your final court hearing. Where possible, both parties should sign the Final Decree.
If the judge approves the divorce petition, he/she will sign your Final Decree and your divorce will be granted.
This process may seem complicated, but remember that we complete your whole divorce pack for you. Simply provide us with all your relevant details and we'll do the rest.
