Streamlining Your Agreed Divorce in Fort Bend County, Texas: A Comprehensive Guide

In Fort Bend County, Texas, obtaining an agreed divorce—sometimes referred to as an uncontested or waiver divorce—can be a relatively straightforward process if both parties agree on all terms. The county’s family courts, including the 387th, 328th, and 505th District Courts, have specific procedures in place to help streamline this process, particularly when it comes to proving up the final divorce decree. As a board-certified family law attorney with over 25 years of experience, I can guide you through the agreed divorce process efficiently, ensuring that your rights are protected and the final decree is properly secured.

Understanding Agreed Divorce in Fort Bend County

An agreed divorce in Texas is when both spouses agree on all major issues, including property division, child custody, child support, and spousal support. This type of divorce is often faster and less expensive than a contested divorce because it avoids the need for a trial or extensive court proceedings.

In Fort Bend County, if you and your spouse agree on all terms, you can file for an agreed divorce and proceed without the need for a live prove-up in court. Instead, you may submit a sworn affidavit that the courts will accept in place of a personal appearance. This procedure is available in the 387th, 328th, and 505th District Courts, making the process more convenient for both parties.

Procedures for Agreed Divorce in Fort Bend County

The steps to obtain an agreed divorce in Fort Bend County are as follows:

1. Filing the Original Petition for Divorce:
The first step is to file an Original Petition for Divorce with the district clerk’s office in Fort Bend County. This petition initiates the divorce process and outlines the grounds for the divorce, typically citing insupportability due to discord or conflict of personalities.

2. Waiting Period:
Texas law requires a 60-day waiting period from the date the petition is filed before a divorce can be finalized. This waiting period is mandatory and allows time for both parties to consider reconciliation or to finalize their agreements.

3. Waiver of Service:
In an agreed divorce, the respondent (the spouse who did not file the petition) can sign a Waiver of Service. This waiver means the respondent agrees to the divorce and waives the right to be formally served with the divorce papers. The waiver must be signed in front of a notary and filed with the court.

4. Agreement on All Terms:
Before finalizing the divorce, both parties must reach an agreement on all issues, including property division, child custody, and support. This agreement is documented in the Final Decree of Divorce, which both parties must sign.

5. Sworn Affidavit Proving Up the Divorce:
In Fort Bend County, instead of appearing in court for a live prove-up, you can submit a sworn affidavit to prove up the divorce. The affidavit must include specific information about your marriage and the divorce, as outlined below:

• Affidavit Content:
  1. My name is ___________________________________, and I reside at _____________________ (Address), Fort Bend County, Texas _________ (Zip Code).
  2. I am above the age of eighteen (18) years. I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
  3. I am married to ___________________________________.
  4. The original Petition for Divorce has been file-stamped for more than 60 days.
  5. Prior to filing this divorce action, I resided in the state of Texas for at least six (6) months.
  6. Prior to filing this divorce action, I lived in Fort Bend County for at least ninety (90) days.
  7. The respondent has signed a waiver of service.
  8. I was married to the respondent on or about _____________________________.
  9. The Respondent and I have since stopped living together as spouses.
  10. My marriage to the Respondent has become insupportable due to discord or conflict of personalities.
  11. There is no hope the Respondent and I will get back together.
  12. There is/are ______ child/ren born or adopted during the marriage, who are currently under the age of 18.
  13. These children are: (List name and ages)

  Name: ___________________ Date of Birth: __________________ Age: _______

  Name: ___________________ Date of Birth: __________________ Age: _______

  Name: ___________________ Date of Birth: __________________ Age: _______

  Name: ___________________ Date of Birth: __________________ Age: _______

  14. If true and accurate statement, please circle ONE of the following:
  • There were no other court-ordered conservatorships, guardianships, or other court-ordered relationships affecting the child/ren before this divorce proceeding.
  • OR
  • There are prior court orders for the child/ren under Cause No. __________, in the _____th District Court in ___________ County, ______ (State). (If prior court order, please attach a certified copy of the order).
  15. My spouse and I have an agreement for conservatorship, possession and access, and child support for the children.
  16. I believe the rulings in the proposed decree would be in the best interest of the child/ren, and I ask the court to approve our agreement as to all children issues.
  17. If a true and accurate statement, please circle ONE of the following (or BOTH if both parties female):
  • I am not currently pregnant.
  • OR
  • The Respondent is not currently pregnant.
  18. The Respondent, nor I, had any children with anyone else during our marriage or separation.
  19. My spouse and I have entered into an agreement concerning the division of property and debts.
  20. I believe this is a fair and equitable division of the community property and debts.
  21. The proposed final decree of divorce bears my signature.
  22. I recognize the signature of _____________ (Respondent) on the proposed decree filed with the Court.
  23. I ask the court to grant me a divorce and approve the provisions in the proposed Final Decree of Divorce.

6. Parenting Class Requirement (if applicable):
If you have minor children, the 328th District Court in Fort Bend County requires both parents to complete a four-hour parenting class. This class must be completed before the divorce can be finalized, and the certificate of completion must be filed with the court.

7. Filing the Final Decree of Divorce:
Once the affidavit and any other required documents are submitted and reviewed by the court, the judge will sign the Final Decree of Divorce, officially ending the marriage.

Benefits of an Agreed Divorce

Agreed divorces offer several benefits, including:

• Speed: Since both parties agree on all issues, the process is quicker than a contested divorce.
• Cost: An agreed divorce is generally less expensive due to reduced legal fees and court costs.
• Less Stress: Avoiding a trial and contentious court proceedings can reduce the emotional toll on both parties and any children involved.
• Control: Both parties maintain more control over the outcome of the divorce, rather than leaving decisions in the hands of a judge.

The Role of Fort Bend County Family Courts

Fort Bend County is served by three family law courts: the 328th, 505th, and 387th District Courts. Each court has an associate judge who assists in handling the caseload. These courts are located in the Fort Bend County Justice Center in Richmond, Texas, and handle all matters related to family law, including divorce, child custody, and support issues.

The use of sworn affidavits to prove up divorce decrees is a unique feature of Fort Bend County’s family courts, reflecting the courts’ commitment to efficiency and convenience for parties involved in agreed divorces.

Why Choose Michael Busby for Your Agreed Divorce in Fort Bend County?

With 25 years of experience in family law, I am well-versed in the procedures and requirements for obtaining an agreed divorce in Fort Bend County. My board certification in family law demonstrates my expertise and commitment to providing high-quality legal representation. I have successfully handled numerous agreed divorce cases in Fort Bend County, ensuring that my clients’ rights are protected and the divorce process is completed as smoothly as possible.

My offices are conveniently located at 6100 Corporate Drive, Suite 190, Houston, TX 77036, and 715 East Whitney, Houston, TX 77022. We are open Monday, Tuesday, Thursday, and Friday from 8:30 AM to 5:30 PM, and Wednesdays from 8:30 AM to 7:00 PM. To schedule a consultation, please call 281-DIVORCE.

FAQs About Agreed Divorce in Fort Bend County, Texas

What is the difference between an agreed divorce and a contested divorce?
An agreed divorce occurs when both spouses agree on all terms, avoiding the need for a trial. A contested divorce involves disputes that must be resolved by a judge.

Do I need to appear in court for an agreed divorce in Fort Bend County?
No, in Fort Bend County, you can prove up your divorce via a sworn affidavit, eliminating the need for a court appearance.

What if we have children?
If you have minor children, you and your spouse must agree on all child-related issues, and you may be required to complete a parenting class, especially if your case is in the 328th District Court.

How long does it take to finalize an agreed divorce?
The process typically takes at least 60 days, which is the mandatory waiting period in Texas. However, the exact timeline depends on how quickly you and your spouse can reach an agreement and submit the necessary documents.

What if my spouse and I cannot agree on all terms?
If you cannot agree on all terms, your divorce will become contested, requiring court intervention to resolve the disputes.

What should I do if I want to file for an agreed divorce?
Contact an experienced family law attorney to guide you through the process and ensure that all legal requirements are met. I am available to assist you with your agreed divorce in Fort Bend County.

Conclusion

Obtaining an agreed divorce in Fort Bend County, Texas, is a streamlined process that can save you time, money, and stress. By following the proper procedures, including submitting a sworn affidavit to prove up the final decree, you can finalize your divorce efficiently and with minimal court involvement. As an experienced and board-certified family law attorney, I am here to help you navigate this process and ensure that your divorce is handled with the utmost care and professionalism.

If you are considering an agreed divorce in Fort Bend County, please contact my office at 281-DIVORCE to schedule a consultation. I am dedicated to helping you achieve a smooth and fair resolution to your divorce.