UNCONTESTED DIVORCE SERVICES
HOW WE CAN HELP YOU
Uncontested Divorce With No Property and No Children - ($400 + filing fees)
This plan is for spouses that do not own any real property and do not have any biological or adoptive children. This plan includes an attorney present at the final hearing. Spouses must agree on any non-real estate division of property and/or debt issues.
Uncontested Divorce With Property and No Children - ($550 + filing fees)
This plan is for spouses who own real estate and do not have biological or adoptive children. This uncontested divorce plan costs slightly more, as transferring real estate requires more time and effort. If you and your spouse agree on division of property and debts, this process will go fairly quickly. This plan includes an attorney present at the final hearing.
Uncontested Divorce With/Without Property and Children - ($800 + filing fees)
This plan is for spouses with biological and/or adoptive children who would like a Standard Possession Order for purposes of defining child custody and possession. Additionally, this plan covers any real property, if needed. A Standard Possession custody agreement has two sets of rules depending on whether the spouses live within 100 miles of each other. If spouses live within 100 miles of each other, a Standard Possession Order calls for weekend visits, one overnight visit during the work week, and holiday visitation swapping on even and odd years. If spouses live further than 100 miles apart, the number of weekend visits are modified and the week day overnight visitation is removed. This plan includes an attorney present at the final hearing.
Uncontested Divorce With/Without Property and Children [Custom Order] - ($900 + filing fees)
($1000 plus filing fees) – This plan is for spouses with biological and/or adoptive children who would like a Custom Possession Order that deviates from the Standard Possession Order set forth in the Texas Family Code. Additionally, this plan covers any real property, if needed. Customizing a possession order requires a little more work and should not take much longer to draft than a Standard Possession Order, if both spouses agree on the terms of the possession schedule. This plan includes an attorney present at the final hearing.
Uncontested Divorce Drafting Services - ($250 + filing fees)
Our office charges a flat-rate $250 for drafting of a Petition, Waiver of Service, and Final Decree of Divorce (includes Standard Possession Order, if needed). As this service does not include representation by an attorney at the final hearing, we also include a list of prove-up questions for use at the final hearing. Additional costs: Special Warranty Deed ($100) and Custom Possession Order ($200).
An uncontested divorce occurs when both separating spouses agree on all terms. Initially, spouses must meet these qualifications to file for an uncontested divorce:
- You or your spouse have lived in Texas for more than 6 months,
- You or your spouse have lived in the county in which you are filing for divorce for a minimum of 3 months, and
- You and your spouse have agreed on all issues pertaining to your divorce.
What Issues Must You and Your Spouse Agree Upon?
In an agreed divorce, or uncontested divorce, spouses must agree on the following items:
- that both spouses actually want to get divorced;
- both spouses agree upon the division of ALL property and debts; and
- if you have children, you and your spouse agree upon all child related issues, including conservatorship (custody), child support, health insurance, and visitation arrangements (standard possession or a custom possession order).
If you and your spouse cannot agree to all of the above, then you may not have an uncontested divorce. Most likely, if you cannot reach agreement on all of the issues above, you will have a contested divorce, and mediation or court hearings may be necessary. If you would like to learn more about our contested divorce services, please see our Contested Divorce page.
60 Day Waiting Period
In the state of Texas, the Family Code mandates that divorcing spouses wait a minimum of 60 days before finalizing a divorce. Despite the fact that you may file an uncontested divorce, at least 61 days must pass from the date you file the Petition for Divorce before a divorce can be finalized. Typically, the last step in an uncontested divorce is a final hearing where a judge will examine your divorce agreement and sign a Final Decree of Divorce, if the judge finds the agreement to be a just and right division. The plans listed above include attorney representation at a final hearing, unless otherwise stated.
We offer this service for McLennan, Bell, Coryell, Falls, Bosque, Hill, Robertson, Milam, and Brazos counties.
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ABOUT JEAN FAIR
FAMILY LAW ATTORNEY
Jean M. Fair is a friendly, professional attorney focusing in the fields of family law, estate planning and probate law. She received her Juris Doctorate Degree from Baylor University School of Law, a Master’s Degree in History with a focus on Texas Literary History from Baylor University, and a Bachelor’s Degree in Psychology and English from Baylor University. She is admitted to practice law in Texas.
Jean M. Fair is the principal attorney of Fair & Fair, PLLC, which maintains an office just outside the Waco, Texas city limits in Hewitt. She practices law throughout Central Texas. She focuses on putting clients first, getting to know them to better help them with their specific case, and putting the time and attention necessary to get the case resolved in a comprehensive and efficient manner.