Some individuals simply agree not to be together anymore. They agree to end their marriage in a civil manner, without the need of a judge or jury to make decisions about what will happen to their children and property.
The two main rules in Texas divorce law are:
1) The Court acts in the best interest of the child or children.
2) Where there is no agreement, the Court will decide the outcome.
An uncontested divorce means that both parties are in agreement as to arrangements for access and possession of the children, child support and medical coverage for the children as well as the division of property that was acquired during the marriage but was not a gift or part of an inheritance.
Waiver of Service
A Waiver of Service is often used in an uncontested divorce because it satisfies several requirements. One, that the other party has been notified of the law suit and received a copy of it. Two, that they have supplied their correct contact information. Three, it generally sets out what level or participation they would like to have in the divorce i.e waives the necessity of being there at all. The waiver is required to be signed and notarized. It is then filed with the court and must be on file for 10 days prior to the final hearing.
Final Decree of Divorce
In an uncontested divorce, the Final Decree of Divorce contains all the agreements both parties made in reference to the access and possession of the children, child support and medical coverage for the children, and the division of property. It will also specify whether a name change is being granted as well as many other things. This document has a blank where the judge signs so it immediately becomes a court order that has the force of law, should the judge
approve the agreement and sign it.
It is important that a skilled attorney be employed in order to ensure that the uncontested divorce be performed legally and in the best interest of the child or children.
