Fundamentals of Texas Uncontested Divorce

These days, due to financial concerns, many couples and families are pursuing the route of uncontested divorce. Families also want to avoid the long drawn out process that can often accompany divorce and the adversarial nature of the proceedings.

In some cases, an uncontested divorce can be a strong option especially if the parties can agree on major issues like division of community property, child custody, and child support. That being said, it is often ill-advised to try to do an uncontested divorce without a lawyer. A San Antonio uncontested divorce lawyer can assist you with processing the paperwork and obtaining a timely divorce without unnecessary delays and additional fees.


In an uncontested divorce, there is one attorney. The parties have agreed to all if not most of the issues, and the unrepresented party agrees to a waiver of service, which is prepared by the attorney. The waiver of service helps the parties save on processing fees and the other party is given a copy of the divorce petition and given the choice of whether they want notice of any additional hearings. The attorney can also help the parties save on filing fees by petitioning the court for a waiver of fees if the party qualifies based on economic hardship.

It is important to note that when conferring with a San Antonio divorce attorney about an uncontested divorce, technically the attorney can only represent one side. Generally, however, if the divorce is amicable, the attorney will meet with both sides to develop rapport and trust. Most of the time, in uncontested divorces, a flat rate is charged with an hourly rate that kicks in if it becomes clear that the parties are contesting major issues.

The fees charged for an uncontested divorce usually include the preparation of the petition, waiver of service, and final divorce decree. If applicable, the attorney will prepare a child support withholding order and possession order in accordance with the <a href="" target= “_blank” Texas Family Code provisions on standard possession.

A Texas uncontested divorce can certainly be a viable option during the right circumstances.

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