A Texas Divorce by Agreement

A couple sits at their kitchen table reviewing divorce documents.

Even the most amicable divorce is emotionally challenging, but divorce does not have to be an expensive and lengthy rollercoaster ride. While a contentious divorce will cost you in terms of expense, time, and emotional upheaval, a divorce by agreement in Texas can be a relatively speedy and painless process.

An uncontested divorce in Texas is known as divorce by agreement, and if you and your divorcing spouse can come to an agreement on all the big issues, you will be way ahead of the game. It is important to recognize, however, that – even though a divorce by agreement is the most peaceful path forward – it is not always an attainable goal.

Original Petition for Divorce

As with any Texas divorce, the first step in a divorce by agreement is filing the Original Petition for Divorce (and paying the attendant filing fees). This initiates the divorce process and assigns a specific court and case number to your case – under which all future divorce documents and pleadings will be filed. Your Petition for Divorce will include basic information regarding both of your names, the date of your marriage, information about your shared children, and any specific relief requested.

The Mandatory Waiting Period in Texas

Even if you and your divorcing spouse are in complete agreement on every issue related to your divorce, the State of Texas has a mandatory waiting period of 60 days before a divorce can be finalized.

Waive of Service

In a contested divorce, the party initiating the divorce must have the other spouse officially served with the legal papers; this is not the case in an uncontested divorce. In a divorce by agreement, the responding spouse need only file a Waiver of Service, which is a notarized document that must include several primary assertions:

  • Contact information
  • Acknowledgment of receipt of the Original Petition for Divorce
  • Specific arrangements regarding child custody and the division of marital property.

This waiver informs the court that the responding spouse is aware of the Petition for Divorce and that he or she does not require service.

Final Decree of Divorce

Your Final Decree of Divorce will outline the agreements you and your divorcing spouse have come to regarding child custody arrangements and the division of your marital property. It can also include provisions regarding post-divorce tax arrangements, spousal support, name changes, and more. Every Final Decree of divorce is unique to the specific circumstances of the divorcing couple.

If You Are Facing a Divorce, Consult with an Experienced Central Texas Divorce Attorney Today

Even if you and your soon-to-be ex are in complete agreement regarding every aspect of your divorce, consulting with an experienced divorce lawyer will provide you with the peace of mind that comes from knowing you and your children’s best interests are well protected. Attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Central Texas has the experience, skill, and commitment to help you. For more information, please contact or call us at (254) 220-4225 today.

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