Uncontested Divorce

Free 30-Minute Consultation

We begin by meeting with potential clients for a free 30-minute consultation. Prior to the consultation, the couple will be sent a questionnaire to complete and bring with them to the appoitnment. This questionnaire will ask detailed questions regarding the divorce and serve as the basis for drafting the final decree. During the initial consultation, we will discuss how to best accomplish the legal goals of the couple and address any questions that they may have. 

*It should be noted that, formally, we may only represent one of the parties to the divorce. We always suggest that the non-represented party seek legal counsel of their own to help review documents and make informed decisions. 

Petition & 60 Day Waiting Period

The first document to begin any uncontested divorce is the “original petition for divorce”. Divorce petitions outline the filing spouse’s legal theories and desired outcomes. Most importantly, filing the petition is what starts the 60-day waiting period required by Texas before a divorce can be finalized. During this 60-day waiting period, we draft the final divorce decree based upon the questionnaire the parties have completed, and send it to both parties for review and comment. We will continue to work with the couple to ensure that the final draft of the decree accurately reflects the agreements of the parties. 

Prove-Up Hearing

The last step in an uncontested divorce is typically a short hearing referred to as a “prove-up hearing”. Once the parties have all signed the final divorce decree and the 60-day waiting period is over, we will have an uncontested prove-up hearing in the court in which the case has been assigned. This hearing typically consists of the attorney asking the client a short list of questions that are required to finalize the divorce. These hearings are quite simple and should not cause concern for the party who decides to participate.