- What is an uncontested divorce?
- How long does it take to get divorced?
- Will my spouse need to appear in court in order to finalize the divorce?
- Do both husband and wife need to live in the county where the divorce is filed?
- What if I don't know where to find my spouse?
- What if my spouse won't sign the divorce papers?
- What if my wife has had children with someone else since we were married?
- How much child support should I expect to pay or receive?
- What is considered "standard visitation?"
- What is an annulment?
- How can I change my name or my spouse's name back to their maiden name?
- How do I get a certified copy of my decree of divorce?
- How do I get a court date to finalize my divorce?
- What happens when I appear in court to finalize my divorce?
- How should I dress when I go to court?
- Where is the Family Law Center located?
- What time should I arrive at the courthouse?
- What if I need a translator in court?
- Can I bring my divorce papers to court and have them notarized there?
- Should I return the signed and notarized papers to the attorney's office prior to my court date?
- Do I have to include the legal description for real estate and the vehicle identification number for my vehicles in the divorce papers?
- Where can I find my legal description and vehicle identification number?
- What if my case ends up being set for trial?
- What if my spouse is in prison or jail?
- Will I be required to attend parenting classes?
- Where may I attend parenting classes?
- How long after my divorce if final do I have to wait to get remarried?
- What is an uncontested divorce?
- An uncontested divorce means that both parties have agreed to be divorced, have agreed on the terms of the divorce, and will voluntarily sign the divorce papers containing those terms. Terms to be agreed upon include but may not be limited to:
- How the property will be split
- Who will pay the bills
- How the retirement will be split
- Who will have custody of the children
- How much child support will be paid
- When the non-custodial parent will have visitation
- Who will keep health insurance for the children
- How long does it take to get divorced?
- There is a mandatory 60-day waiting period from the time the divorce is filed until you are eligible to appear in court to finalize your divorce. However, depending on circumstances, it could take longer.
- Will my spouse need to appear in court in order to finalize the divorce?
- If the divorce is uncontested, only the person who filed for divorce will need to appear. The person who does not appear will need to sign and have notarized a Waiver of Citation allowing for the court to proceed in their absence.
- Do both husband and wife need to live in the county where the divorce is filed?
- No. Only one party must live in the county where the divorce is filed. They must have lived in that county for 90 days and have lived in Texas for 6 months.
- What if I don't know where to find my spouse?
- In Texas, every effort must be made to notify your spouse of divorce proceedings. If you truly cannot find your spouse, you may proceed with a divorce by publication. However, a publication divorce takes longer, is more complicated, and more expensive. In most cases, the court will appoint an attorney to represent the missing spouse. The attorney will make every effort to locate the missing spouse. Additionally, the attorney fees for this lawyer will be your responsibility.
- What if my spouse won't sign the divorce papers?
- If your spouse refuses to the sign the papers, you do not have an uncontested divorce. In that case, your spouse will need to be served with the papers by a court approved process server. There are additional costs involved when the papers must be served.
- What if my wife has had children with someone else since we were married?
- In Texas, any children born during a marriage are considered children of the marriage. The court will not allow these children to be left out of the divorce proceedings. The father of the children must be willing to sign papers establishing paternity. If he refuses to do so, a court order will need to be obtained for a DNA test.
- How much child support should I expect to pay or receive?
- Child support is based on the net income of the person paying it. By law, the amount of child support to be paid has been established as follows:
1 child - 20%
2 children - 25%
3 children - 30%
4 or more children - 35%
The court rarely approves a divorce with no child support provisions. - What is considered "standard visitation?"
- Standard visitation is considered to be:
- 1st, 3rd, and 5th weekends of each month from Friday at 6 p.m. to Sunday at 6 p.m.
- Every Thursday from 6-8 p.m.
- Alternating holidays
- 30 days in the summer
- What is an annulment?
- In some instances a person may be able to get an annulment rather than a divorce. With an annulment there is no 60-day waiting period. However, to get an annulment, there must be statutory grounds, such as fraud. The length of the marriage is irrelevant. An annulment is more difficult and expensive.
- How can I change my name or my spouse's name back to their maiden name?
- You must let us know at the beginning of the divorce process if you or your spouse wishes to have their name changed. Special provisions need to be included in the papers to do so. Additional charges apply for name changes.
- How do I get a certified copy of my decree of divorce?
- You must let us know if you want a certified copy of your decree of divorce. A certified copy is not included in the price of the divorce. Additional charges apply for a certified copy. Once the presiding judge has signed the decree of divorce, a copy can be ordered.
- How do I get a court date to finalize my divorce?
- Once your 60 days have passed AND you have in your possession the signed and notarized documents from your spouse, you should call our office to set up a court date. Court dates are generally set up for Friday mornings at 8:30.
- What happens when I appear in court to finalize my divorce?
- With the attorney, you will appear before the judge and answer a few questions.
- How should I dress when I go to court?
- It is not necessary to wear a suit or a dress to court. However, you will need to dress neatly. Shorts, sleeveless t-shirts, and flip-flops are not appropriate. Slack or pressed jeans and a t-shirt with a collar are acceptable.
- Where is the Family Law Center located?
- It is located at 1115 Congress, which is at the corner of Congress and San Jacinto. This is on the north side of downtown. You may use Mapquest or Google Maps for more specific directions from your home.
- What time should I arrive at the courthouse?
- You will need to arrive in the courtroom by 8:15 a.m. Have a seat in the courtroom on or near the back bench. Wait for Mr. Davis to arrive and call your name. Please do not leave the courtroom. Mr. Davis may have to appear in other courts before he gets to your court. If you leave the courtroom, he will not be able to find you and your court date may have to be rescheduled.
- What if I need a translator in court?
- You will need to bring a translator with you. Some courts require a certified translator. Most do not. When you set up your court date, please let us know if you need a translator.
- Can I bring my divorce papers to court and have them notarized there?
- No, your spouse needs to sign the papers in the presence of a notary public. You may not have them sign the papers and then take them to a notary yourself. There is not a notary present in the courtroom. The papers must be notarized prior to your court date.
- Should I return the signed and notarized papers to the attorney's office prior to my court date?
- Yes. All courts now require e-filing and do not accept paper documents. Please fax or e-mail Mr. Davis the signed Waiver of Citation and Decree of Divorce so that we can e-file them. Do not send me the original documents, but do bring them with you on your court date.
- Do I have to include the legal description for real estate and the vehicle identification number for my vehicles in the divorce papers?
- Yes, they must be included in the papers. If you did not provide us with this information, you must fill it in prior to coming to court. If you come to court with these sections blank, you will not be able to finalize your divorce on that day. You will need to return home, locate the information, fill it in, and call the office to reschedule another court date. An additional charge may apply for Mr. Davis to reappear in court on a second date.
- Where can I find my legal description and vehicle identification number?
- The legal description for real estate may be found on your deed. The vehicle identification number may be found on your vehicle title.
- What if my case ends up being set for trial?
- If you and your spouse are unable to come to an agreement regarding your divorce, it may be set for trial. If this happens, the court may order you and your spouse to go to mediation in an effort to work out an agreement. A great deal of time and work are required to prepare a case for trial. Accordingly, additional charges apply when this is the case.
- What if my spouse is in prison or jail?
- This will not make a difference. They may still voluntarily sign the papers agreeing to the divorce. If they do not agree, they will need to be served the papers at their place of incarceration.
- Will I be required to attend parenting classes?
- Many courts now require that you attend parenting class before they will grant a divorce. Please make sure that you check with our office to see if you have been assigned to a court that requires these classes. If so, you will need to complete the class and bring the certificate showing that you completed the class with you to court on the day that the divorce is to be finalized.
- Where may I attend parenting classes?
- Please refer to our resources page for a partial listing of accepted classes. Prices listed are set by the organization offering the class and are subject to change at any time.
- How long after my divorce is final do I have to wait to get remarried?
- To remarry, you must wait 30 days from the date that your Decree of Divorce is signed. The Judge does not always sign the Decree on the same day that you appear in court. In some cases, the Judge will waive the 30-day remarriage prohibition for good cause shown. Please inquire as to this option at the beginning of the process, as we must request this waiver in our Original Petition.