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Filing for uncontested divorce in Texas

Texas residents who are seeking a divorce may be interested in some information on the process for an uncontested divorce. Though this is simpler than a traditional divorce, failure to follow the rules and correctly file the appropriate forms could make the process ineffective.

When seeking a divorce in Texas, there is a specific process that must be followed. This means that the proper forms must be filled out and filed, then delivered to the spouse. This delivery, called serving legal notice of the divorce, must be proven to a court. The person filing for divorce must then wait 61 days in most cases, though there are exceptions. After this waiting period, if the other party agrees on all issues or fails to respond, the divorce is known as uncontested. If there is a disagreement, then the divorce is contested.

The person seeking a divorce must fill out a form known as a Decree of Divorce. This form is then presented to the judge along with other required documents. The judge will sign the Decree of Divorce in order to make the divorce final. If the divorce is the result of a default, or if the person seeking the divorce does not know where their spouse is located, they must provide proof of this to the judge at the hearing.

Obtaining and filing the necessary documentation for an uncontested divorce may go more smoothly with the aid of an attorney. If needed, an attorney may also be useful in negotiating spousal support and other issues in a divorce settlement agreement.

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