Uncontested Divorce Houston Texas is started by filing a petition for divorce. You must pay the clerk a filing fee of $232 to $262 to issue a cause number. This would be filed at the district clerk office at 201 Caroline 2nd Floor Houston, Texas. You have petitioned for dissolution of your marriage. This is a lawsuit. Uncontested Divorce Houston Texas means you have a deal on everything. No judge or jury will decide who gets what or issues with the children. Many people tell me that they have an uncontested divorce Houston Texas and the only argument is where are the children going to reside. To term this is “only” and to think that this would be something to do on the “cheap,” is not possible. All the terms must be agreed upon. Once the case is filed you have to wait at least 60 days before you can complete the divorce. Completing the divorce means a live body goes to court and gives testimony as to the dates of the marriage, dates of separation, agreements for property division, and children issues. This takes about 3 minutes.
Uncontested Divorce Houston Texas requires a final decree and a waiver of service. If you have no children and no property, no other documents are required. The waiver must be signed by spouse in front of a notary after the divorce is filed. If the waiver is signed before the cause is filed, it is no good. The final decree will divide the property and divorce the parties. If you have children, then you will need to address all issues of child support, rights and duties, and conservatorship. If the child does not reside in Texas, or you have an order from another jurisdiction i.e., child support order, you may not need to address child support or child custody issues. The forms needed when children are going to be addressed are: Wage Order, medical support order, Harris County Focus form, and in the 245th District Court a Texas Family Code 105 form. Also, the 247th district court requires a parenting class that both parents must take. If your divorce is agreed, you can still get divorced in the 247th if your spouse has not taken the class and the final decree states that your spouse will get no visitation with the children until the class is taken and the certificate of attendance is filed with the court. The waiver and final decree still would need to be signed by your spouse
The petitioner would appear in court and authenticate the documents and the marriage. All courts hear uncontested divorce Houston Texas in the early morning. The courthouse opens at 8 a.m. and the courts start between 8:30 a.m. and 9 a.m. hearing the uncontested divorce Houston Texas. There are 9 family law district courts and 1 domestic violence court in Harris County, Texas. Best to call the court you are in the day before you want to “prove up,” your divorce. Some of the courts will not take your paperwork after a certain time in the morning. Some will take you at any time, but the wait may be longer. The questions asked during the prove up of the uncontested divorce Houston Texas are: the dates of the marriage, the dates of separation, full name of your spouse, Have you lived in Texas and Harris County for the last six months, you have deal for you property and children, the wife is not pregnant right now, if wife wants her maiden restored, then she is not doing this to avoid creditors nor criminal prosecution.
Just because you appear in court does not mean you are done. Texas has a 30 day window for which the divorce without much difficulty could be set aside. For the most part, after this 30 day window, you are divorced. However, if fraud could be shown, such as the waiver was not the signature of your spouse, then the divorce could be set aside pretty much at any time. Uncontested Divorce Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:
Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & Alief
Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases. He is familiar with the policy and procedures of the Houston Texas Divorce Courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Please call with your family law or divorce questions for uncontested divorce Houston Texas.
Michael Busby Jr.
2909 Hillcroft Suite 350
Houston, Texas 77057
Visit me on the web at www.busby-lee.com