Houston Uncontested Divorce Attorney
If you and your spouse have agreed that your marriage is over and don’t want to battle your divorce out in court, an uncontested divorce process may work for you. An uncontested divorce simply means that the parties can reach an agreement on every single issue involved in getting a divorce including:
Child custody and visitation
The amount of child support that the obligor will pay
The division of all property and debts
Keep in mind, even if you and your spouse are in agreement to divorce peacefully, it is still important that you protect your interest with respect to your property and children. Hiring a knowledgeable Houston divorce attorney can make the process easier and ensure that that your divorce is done correctly.
Advantages of an Uncontested Divorce
Divorce in itself can be a draining experience, but the stress can be decreased tremendously when the parties are amicable during the dissolution of the marriage. Unlike a contested divorce matter, an uncontested divorce usually can be granted very quickly. There are several other advantages in choosing an uncontested divorce:
Minimized conflict between the parties
More control over the outcome of the case
Uncontested Divorce Process
Once you and your spouse have reached an agreement, only one of you will need an attorney. An attorney at The Quander Law Firm PLLC will prepare a waiver of service that your spouse must be willing to sign. In signing the waiver, your spouse waives his/her right to be formally served with the initial divorce documents and consents to the divorce moving forward without further notice to him or her.
Next, your attorney will file the original petition for divorce and the waiver of service with the court. Then, the filing party will communicate the divorce agreement to the attorney and the attorney will draft the final divorce decree that memorializes such. You and your spouse will both have an opportunity to review and sign the decree.
After the mandatory 60 day waiting period has expired, one spouse, usually the filing party will appear in court with their attorney and do what’s called a “prove-up” of your divorce. During the prove up, the attorney will present the agreed divorce decree to the court and ask you a series of questions in front of a judge. The judge may ask a few questions and will then determine if your divorce will be granted based on your testimony.
Within a few day of the judge granting your divorce, you and your divorce will both be able to obtain a signed, certified copy of the divorce decree.
Does your Divorce Qualify for an Uncontested Divorce
To qualify for an uncontested divorce, you and your spouse must meet all the following requirements:
Agree to be divorced on the grounds of insupportability
Reach an agreement on all issues including child support, custody, and disposal of property and debts
Utilize only one attorney
Voluntarily sign all paperwork
An uncontested divorce will not work for you if any of the following apply to your case:
There is at least one contested issue in your divorce
Your spouse does not want the divorce and refuses to sign the waiver of service or the divorce decree
There is currently an attorney general order in place or if the attorney general is involved
You or your spouse has a pending bankruptcy case
Either you or your spouse wish to allege fault grounds against the other party
Divorce Done Easy with The Quander Law Firm PLLC
When it comes to uncontested divorces, our goal is to make your divorce journey as painless as possible for you.
When you are ready to get started with, please submit your contact information using our online contact form or call our office at (832) 930-7139. Someone from our office will send you a retainer agreement and a divorce questionnaire within 24 hours of receiving your request.
Once we receive your signed retainer agreement and retainer fee, we will draft your divorce petition and waiver of service within 7-10 business days. We will then contact you to hear about your divorce agreement that you and your spouse have reached. Your divorce decree will be drafted and you and your spouse will review and sign the decree.
The final step is for you to show up to court and we will prove up your divorce. And just like that, you and your spouse will then be divorced.
The Quander Law Firm PLLC | Houston Divorce Lawyers
If you are considering divorce, a Houston divorce attorney at the Quander Law Firm PLLC can guide you through the process while protecting your rights and property. Contact the Quander Law Firm PLLC by calling (832) 930-7139 or submit your contact information through our online contact form. The Quander Law Firm PLLC handles divorce cases in Harris County and the surrounding counties.