There are two different, broad categories of divorces in Texas: contested and uncontested. Determining what type of divorce you are involved with is important and will go to deciding which course you must take and which process you must follow for your own divorce. The enclosed form warns you not to make use of it if your divorce is contested, your wife (or you) are pregnant, you have a bankruptcy pending or neither you nor your spouse have lived in Texas the last six months.
A divorce is considered “contested” in Texas when you and your spouse don’t agree about getting divorced, dividing your property and debts or what to do with your children in relation to child custody, possession or support. On the other hand, your case is uncontested if the two of you agree on all the issues mentioned above. Or, if you have filed for divorce and your spouse has not participated in the process by filing an Answer then you may be entitled to a default judgment against your spouse.
This form walks you through what a divorce is as well as how to get divorced considering the laws in Texas and the procedures and processes followed by courts in this State. The steps to get divorced including how to file an Original Petition, serve your spouse with notice and how to ultimately determine if your divorce will be contested or uncontested are all covered in this form.
If your divorce is uncontested then it is recommended that you call the district clerk’s office to find out when the Court in your county hears uncontested divorce cases. For example, larger counties often times have uncontested dockets where you and your spouse may simply appear in court at a certain time/date and go before the judge with the necessary paperwork. Other times, you may need to schedule a hearing with the judge who hears divorce cases in your county. The most important document that you need to prepare is a Final Decree of Divorce. This document lays out how you and your spouse wish to divide your property, debts and conservatorship rights and duties in relation to your children (if you have any).