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Uncontested Divorce – Basics

| chrislaw | ,

This post will be the first in a series of posts on agreed or uncontested divorces in Texas. Everything in here applies anywhere in Texas. Since we will be addressing uncontested divorces, I am going to keep it very basic.

However, before beginning a discussion on an uncontested or agreed divorce there needs to be a focus on the basics of a Texas divorce.

The agreed divorce process begins by filing an Original Petition for Divorce. This begins the divorce process and starts the 60-day waiting period required in Texas. This sixty days is called the “cooling off” period.  The person who files the divorce is called the “Petitioner” and they petition the court for a divorce.

Once the sixty day waiting period has elapsed, the Petitioner can appear before the Court with the signed, agreed, final decree (we’ll discuss this later) and “prove up” or finalize the uncontested divorce.

In upcoming posts I will discuss:

  • Each document in more depth, including the Petition for Divorce, the Waiver of Service and the Final Decree of Divorce;
  • The meaning of an agreed divorce in Texas;
  • The different types of uncontested divorces in Texas;
  • The benefits and disadvantages of each type of agreed divorce in Texas;
  • A brief description of property and child related issues in the divorce; and
  • Mediation for an almost agreed divorce, what it is and how it helps

If you are ready to get started on your Flat Fee Uncontested Divorce, contact us via one of the methods to the right and we’ll get started!

Thanks for reading!

Chris Schmiedeke


I was born in Dallas and spent the majority of my life here. I moved to Denver in the middle of the first grade and moved back to Plano in the middle of the eleventh grade. I graduated from Plano Senior High in 1984 and then attended Richland College and the University of North Texas where a received a Bachelor of Business Administration. From there I attended the Texas Tech University School of Law and was licensed to practice law in May of 1993. 

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