Many couples are able to reach an agreement regarding the division of their property and debts as well as conservatorship for their children. In such cases, when all issues are agreed upon by the spouses, an uncontested divorce is appropriate.
1. Original Petition for Divorce
To begin the divorce process, one party will file an Original Petition for Divorce and the other party will sign a Waiver of Service for the receipt of the Original Petition or Divorce that will be filed with the court. The Original Petition for Divorce simply outlines the parties, the children of the marriage if any, and the anticipation of an agreement to be reached for final orders by the parties. The Waiver of Service shows the Court that the other party is aware of the proceedings and has received the Original Petition for Divorce.
2. Waiting Period and Drafting the Final Decree of Divorce
The Original Petition Divorce must be on file for sixty days before the Court can render the parties divorced. During that sixty-day waiting period, a Final Decree of Divorce will be drafted based upon the agreement reached by the parties. Any revisions needed will be made at that time until the finished product is approved by both parties. If any other closing documents are needed such as Deeds, they will also be drafted during this time.
3. Prove-Up and Entry of the Final Decree of Divorce
Once the Final Decree of Divorce has been approved and signed by both parties, one party will accompany their attorney to “prove-up” and enter the Final Decree of Divorce. The prove-up typically lasts only a few minutes and simply allows the Judge to ensure the statutory requirements have been met for the divorce to be rendered. In Bexar County, this is often done at 8:15 a.m. or 1:30 p.m. on the uncontested docket.
4. Consulting with an Attorney
Though uncontested divorces may seem easy, they can be difficult to manage without an attorney. As a primarily family law firm, our attorneys at Bandoske, Butler, & Reuter are experienced in this process and can assist you in accomplishing your divorce.
If you wish to schedule a complimentary consultation with one of our experienced attorneys please contact us at 210-299-4777.