Uncontested Divorce

Effective 3/23/2017, we will no longer offer uncontested services as a flat or set fee.  However, we now offer reduced retainers to allow more flexibility for cases which qualify as agreed or uncontested.

Quick Divorce in Texas

The Ramos Law Group provides agreed divorces, also known as an uncontested divorce. All you have to do is fill out the uncontested divorce contract for Houston with your spouse and leave the rest in our capable hands.

What is an Uncontested Divorce?

This type of divorce is a divorce in which both spouses have reached an agreement on all issues of the divorce. This is generally the quickest and least expensive method of divorce, however, both spouses must agree on all issues for this process to work.

What is the Uncontested Divorce Process?

Once an agreement has been reached, one spouse contacts the Ramos Law Group and signs an uncontested divorce contract. In an uncontested divorce in Houston only one party may have an attorney. An Original Petition of Divorce is then drafted and filed with the Court. The non-filing spouse must sign a waiver before a notary public indicating that the divorce may be finalized without notice to the non-represented spouse. This waiver must be filed with the Court.

After the filing spouse provides all the necessary information about the agreements in the divorce to the attorney, a Final Decree of Divorce is prepared. Both spouses sign the Final Decree. The Final Decree may be presented to the Court for approval 61 days after Original Petition was filed. State law requires the 61 day waiting period.

After the required time has elapsed, one spouse, usually the filing spouse, must appear in Court to present the Final Decree to the judge in a process often referred to as a prove up. The Final Decree of Divorce, as well as other supporting documents, is presented to the Court at this time. The attorney asks the party a series of questions about the divorce, the judge listens to the answers, reviews the documents, and decides if a divorce should be granted.

To qualify for an uncontested divorce, both spouses must meet all five of the following requirements:

  • Agree to be divorced on the grounds of insupportability.
  • Reach an agreement on all issues, including property division and child custody issues.
  • Agree that only one party will have an attorney.
  • Voluntarily sign all papers.
  • Have assets valued at less than $750,000.

Do NOT use this Process if:

  • You or your spouse disagree about any issue in your divorce.
  • You do not know what assets or debts you and your spouse have, or if your spouse has hidden money from you.
  • You and your spouse believe that a non-standard custody agreement is in the best interest of your children.
  • You or your spouse wants to file specific grounds for divorce, such as cruelty or adultery. An uncontested divorce provides for a no-fault divorce only and will be listed as “insupportability.”
  • You or your spouse has an ongoing bankruptcy case.
  • There is an existing attorney general order or if the attorney general is involved.

Additional Factors to Consider:

Wife has had a child by someone other than the husband since the date of marriage.

  • Even if husband and wife have been separated for a long period of time, any child born during the marriage is presumed to be the husband’s child and must be included in the divorce.
  • The biological father of the child must be added as an additional party to the divorce.
  • The biological father must also meet the requirements for the spouses above.
  • An additional fee will be assessed for adding a third party to the divorce.

Simply put, a contested divorce exists when one or more of the five requirements listed above are absent, or an additional factor complicates your case to an extent that all parties cannot reach an agreement.

Filing a Divorce with the Ramos Law Group

To get started,  schedule a consultation with an attorney, sign the the uncontested divorce contract,  complete the client questionnaire along and submit payment for the reduced retainer amount.

Within 7-10 business days from the date your contract and questionnaire are received & accepted, we will prepare your petition for divorce and waiver of service. After receipt of your waiver of service, a draft of your divorce decree will be prepared for your review and we will contact you to schedule a date to finalize your divorce case with the Court.

After your divorce is final, an electronic certified copy of your divorce decree will be provided as soon as the court has imaged the order and made it available online.  Alternatively, we will mail a request for a certified copy along with payment for the same on your behalf to the district clerk’s office in the county in question.  Please be aware that U.S. postal service option may take an extended period once the court makes the order available.

Cost of Filing an Uncontested Divorce with the Ramos Law Group

If the case qualifies as agreed or the uncontested status, we offer a reduced retainer since the cost of these cases are lower than a contested case.   We no longer offer flat fees so please keep in mind that while some cases can be completed under $2,500 other may cost significantly more depending on the amount of work required to complete the case.

How do I get started?

To get started, give us a call or email to schedule a consultation with an attorney.

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