Law Offices Of Greg Enos

Galveston divorce lawyer | Galveston divorce attorney | Child custody lawyers Galveston

281-333-3030

Divorce and Child Custody

  • Facebook
  • Twitter
  • Home
  • PAYMENT
  • About
    • Greg B. Enos
    • Paul Enos
    • Shandon Tonry
    • Contact Us
    • Map
    • Galveston Divorce Attorneys
  • Divorce
    • Uncontested Divorce
    • Divorce Process
    • Divorce FAQS
    • Divorce for Business Owners
    • Divorce for Physicians and Dentists
    • Property Division
    • The Family House
    • Taxes & Divorce
    • Alimony
    • Adultery
  • Custody
    • Child Custody Questions
    • Child Support
    • Custody Evaluation
    • International / Interstate Custody Disputes
    • When a Child Can Choose?
  • Mongoose
  • Blogs
  • Links
    • Links
    • Contact Us
    • Map
    • The Mongoose
    • School Districts
    • Galveston Co. Courts
    • Harris Co. Courts
  • Videos

The Uncontested Divorce

An agreed or uncontested divorce saves a lot of stress, time, and money for both spouses. A divorce is considered “uncontested” if both agree on property division and child custody and support issues (if there are children involved).

At the Enos Law Firm, our divorce attorneys and legal staff help you keep the legal expenses of your uncontested divorce to a minimum while assuring that all the legal requirements have been met. When you have questions about uncontested divorces or any family law issues, contact uncontested divorce attorney Greg Enos at the Enos Law Firm, P.C.

  • What is an uncontested divorce?
  • If the case is uncontested, do both sides hire a lawyer?
  • How is an uncontested divorce handled?
  • What is a waiver of citation?
  • What is the divorce decree?
  • What happens at court when an uncontested divorce is presented?

What is an uncontested divorce?

If the husband and wife agree on a divorce settlement and there is nothing to fight over, the case is uncontested.

Back to Top

If the case is uncontested, do both sides hire a lawyer?

In uncontested cases, usually only one of the spouses hires an attorney to prepare the necessary paperwork. A lawyer can never represent both sides in a divorce. If, for example, the husband hires a lawyer in an uncontested divorce, that lawyer will prepare and file the divorce petition, and draft the waiver of citation and divorce decree. The lawyer will also go to court with the husband to get the divorce approved by the judge.

The wife in this example only needs to read and sign the waiver and the final decree. She may call the husband’s lawyer to ask questions, but she must always bear in mind that the lawyer does not work for her. The wife may want to consult an attorney to make sure the divorce decree is fair to her and truly reflects the settlement the parties have reached.

Back to Top

How is an uncontested divorce handled?

Once the divorce petition has been filed and the waiver of citation signed, a final divorce decree is prepared and signed by both sides. There is a 60-day waiting period for divorces in Texas, meaning that a divorce cannot be granted until 60 days after a divorce petition is filed. The final step is for the husband or wife and a lawyer to go to court to get the judge to approve the divorce and sign the decree.

Back to Top

What is a waiver of citation?

In the usual lawsuit, one party files and the other gets served with the suit by a constable or process server. In an uncontested divorce (where saving money is important), the divorce petition is simply mailed to the other spouse along with a waiver of citation. The husband or wife who signs the waiver is merely acknowledging that he or she has received the divorce petition and does not need to be officially served. The waiver also allows the final divorce hearing to be held without that person being present and says a court reporter does not need to record what is said. This language scares some people, but it is routine. If the case is truly uncontested, a person who gets such a waiver should sign it as long as he or she gets to approve and sign the final divorce decree.

Back to Top

What is the divorce decree?

The divorce petition is the first document filed in a divorce because it starts the divorce lawsuit. The decree is usually the last document in a divorce. The divorce decree is the official document signed by the judge. The decree divorces the parties, orders how property and debts are divided, and provides for child custody, visitation, support, etc.

Back to Top

What happens at court when an uncontested divorce is presented?

Only one of the spouses needs to go to court, although both can be present if they want to. Your lawyer will usually schedule the court appearance and notify the court clerk. Some forms must be filled out, especially if children are involved. When your case is called, you and your lawyer approach the bench where the judge sits. The judge will usually be looking over the divorce decree and waiver while your lawyer asks you a few, simple questions including:

  • Your name
  • Your spouse’s name
  • Texas and county residency
  • Dates of marriage and separation
  • Is there a signed waiver of citation?
  • Is there a signed divorce decree?
  • Is there no hope of reconciliation?
  • Are there children? Is the wife pregnant?
  • Are you asking the court for a divorce?

 

The lawyer may explain the child custody and property division agreement. The judge may ask a few questions, but then he or she will usually say that the divorce is granted. As simple as that, you are divorced. You will need to get a copy of the final, signed divorce decree. If needed, a child support account will need to be set up with the district clerk’s office. A divorce is not final for 30 days and you cannot remarry before that time without court approval

Back to Top

Helping Families With Affordable Uncontested Divorces

When you have questions about divorce, contact the family law firm that understands-

The Enos Law Firm, PC

Call Us Today 281-333-3030

We represent clients throughout the greater Houston Galveston area, including: Houston, Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Pearland, Alvin, Angleton, Harris County, Brazoria County and Galveston County, Texas.

If you need an experienced Galveston uncontested divorce attorney call The Enos Law Firm, PC.

Attorney Greg Enos

Attorney Greg Enos, has 33+ years of legal experience and is Board Certified in Family Law by the Texas Board of Legal Specialization. The Enos Law Firm handles divorce, adoption and child custody cases in Harris County (Houston), Galveston, and Brazoria County, Texas. Greg Enos has been through his own divorce and child custody battle (he won) and understands what his clients are going through. Enos is very involved in local politics and charities and he is a former Bar Association President. Enos speaks at legal seminars on family law educating attorneys and judges and he publishes legal directories and a legal newspaper that are widely used and read by Houston area attorneys and courts. Enos is a respected leader of the legal profession working to improve family courts.

Call 281-333-3030 to schedule a confidential consultation. Phone appointments are available for prospective clients who live in other cities or countries or are traveling for business.

The office of The Enos Law Firm is in Webster, Texas, in the Clear Lake area between Houston and Galveston.
Click Here for a map

  • slide04-300×143
  • slide05-300×143
  • slide01-300×143
  • slide02-300×143
  • slide03-300×143
    • Home
    • Blog
    • Contact Us
    • Map
    • Site Map
    facebook twitter

    17207 Feather Craft Lane, Webster, Texas 77598

    © 2013 The Enos Law Firm, PC. All rights Reserved.

    Popup Content