Filing for Uncontested Divorce in Texas

In our last blog entry, we touched base on some fundamentals of a San Antonio uncontested divorce . Keep in mind that a Bexar County uncontested divorce attorney will generally charge a flat fee with a separate flat fee for a Qualified Domestic Relations Order (QDRO) and military retirement DRO.

In initiating a divorce in Bexar County, the attorney will often ask the client to complete an inventory appraisement. Many couples often approach me with the statement, “This is a simple divorce – we have no community property.” That may very well be true, but an inventory appraisement is often needed just to get the parties thinking about what property they have accumulated during the course of the marriage. Sometimes, there are assets (or debts) that the parties have not considered and it is important to have a frank discussion about assets and debt division. Generally, joint bank accounts should be discontinued and divided. Notes on vehicles and other property should be taken out of both names, and joint credit cards should be cancelled or put in only one spouse’ name.

So as not to cause unnecessary issues, the grounds for divorce in a Bexar County uncontested divorce is often irreconcilable differences, the general “no fault” provision. Attorney fees are generally not requested. The petition for divorce is accompanied by a waiver of service. With the signed waiver, there is no need for the other party to file an Answer to the petition – submission of the waiver constitutes an appearance and for all intents and purposes, a default answer. A party can elect not to receive notice of any further proceedings – most people elect to get notice, but if they have a good relationship with the attorney, it is not necessary as I will explain later.

As in most Texas counties, a San Antonio divorce is filed in Bexar County District Court and service of process is waived for uncontested proceedings. There is generally no need for temporary orders unless the parties plan to be separated for a long time after the case is filed or parties are leaving the county. If both parties are in agreement, the attorney can simply walk in temporary orders for the judge’s signature without a need for the physical presence.

If you would like to take advantage of the low costs and expediency of an uncontested divorce, it may be worthwhile to contact a Bexar county uncontested divorce lawyer .