Executive Summary
An uncontested divorce in Austin may seem simple, but even without conflict, there are legal requirements and important documents that must be handled correctly. Mistakes in the paperwork or unclear agreements can cause delays, confusion, or future complications. Working with an experienced Austin divorce attorney ensures that everything is properly drafted, legally enforceable, and aligned with your best interests. Legal support not only streamlines the process but also gives you peace of mind that your rights and future are protected.
What Is an Uncontested Divorce in Austin?
An uncontested divorce in Austin means both spouses agree on all key issues such as:
- How to divide assets and debts
- Custody and visitation arrangements for children
- Child support and, if applicable, spousal support
When there’s no conflict or disagreement, you can avoid a trial, lengthy court hearings, and the high costs that often come with drawn-out legal battles. This makes an uncontested divorce one of the fastest, most cost-effective, and least stressful ways to end a marriage in Austin.
Step 1: Make Sure You Meet the Requirements
Before you file, make sure you’re eligible for an uncontested divorce in Austin. Here’s what’s required:
- Residency: One spouse must have lived in Texas for at least six months and in Travis County for at least 90 days.
- Agreement: You and your spouse must agree on everything. Even one unresolved issue can make the divorce contested.
- No ongoing disputes: There should be no current domestic violence cases or protective orders that complicate the process.
If you meet these requirements, you can begin the uncontested divorce process.
Step 2: Draft and File the Petition
To start an uncontested divorce in Austin, one spouse files an Original Petition for Divorce with the Travis County District Clerk. This document outlines that you’re seeking a divorce and that you’re pursuing it on uncontested terms.
Even though it’s uncontested, it’s still smart to have an Austin divorce attorney draft or review your paperwork to make sure everything is accurate and enforceable.
Step 3: Serve or Waive Service
The spouse who files the petition (the petitioner) must give a copy to the other spouse (the respondent). In an uncontested divorce in Austin, the respondent often signs a Waiver of Service, which speeds up the process and avoids the need to hire a process server.
This step also helps reinforce the collaborative nature of an uncontested divorce in Austin, keeping things smooth and respectful.
Step 4: Create a Final Decree of Divorce
The Final Decree is the document that outlines all the terms of your agreement, including how property will be divided, who gets custody, and what child or spousal support will look like. A clear, well-drafted Final Decree can prevent future misunderstandings and protect both parties’ rights.
Step 5: Wait for the 60-Day Waiting Period
Texas law requires a 60-day waiting period from the day you file the petition before the divorce can be finalized. During this time, you and your Austin divorce attorney can finalize paperwork, tie up any loose ends, and prepare for your court appearance. A short court appearance is still typically required for an uncontested divorce in Austin.
Step 6: Submit Required Paperwork
Once the waiting period ends, one spouse (usually the petitioner) submits required paperwork and the Final Decree to a judge. The paperwork includes an affidavit regarding the marriage and divorce, a BVS form, sometimes a Wage Withholding Order for child support, as well as other required documents. If everything is in order, the judge will sign it, and your divorce becomes official.
This is often a quick, 10-minute process, especially for an uncontested divorce in Austin where everything has already been agreed upon prior to showing up in court.
What Happens If You Can’t Agree?
If at any point you and your spouse hit a wall and can’t agree on a major issue, your divorce may shift from uncontested to contested. In that case, the process becomes more complex, and litigation may be required.
Our team of Austin divorce attorneys are experienced in both uncontested and contested divorces. If your situation changes, we’re ready to pivot with you.
Why Work With an Austin Divorce Attorney for an Uncontested Divorce?
You might think you can handle an uncontested divorce in Austin on your own, and in some cases, that may be true. However, even straightforward divorces can lead to mistakes if the paperwork isn’t correct or if something important is left out. Even if you and your spouse are on the same page, having a legal expert on your side ensures your uncontested divorce in Austin goes as smoothly as possible.
At Deyerle Silva Smith, PLLC, we help families in Austin navigate the divorce process with clarity. Whether you’re just getting started or need help finalizing the details, our divorce and family law attorneys are here to make sure your uncontested divorce is as smooth and stress-free as possible. Contact us today to schedule a consultation.