Uncontested Divorce

If a husband and wife can agree on a divorce settlement, and there is nothing to dispute, such as child custody and property division, then the divorce is uncontested. This approach can be much more cost-efficient and cause less stress than a contested divorce.

Usually in uncontested cases only one spouse will need to hire an attorney. However, the attorney will never represent both parties. The spouse that did not hire the attorney can call and ask questions; however, consulting another attorney and ensuring that the divorce decree truly represents the settlement is a better option.

Uncontested divorces can be a relatively simple process. Once the divorce petition has been filed and the waiver of citation signed, a final divorce decree is prepared and signed by both parties. In Texas, there is a 60 day waiting period for divorces, which means that the divorce can not be granted until 60 days after the divorce petition is filed. Once the waiting period has elapsed, the the husband or wife and the attorney go to court and get the judge to approve the divorce and sign the decree.

The Law Office of Nicholas R. Smith requires a modest retainer of $1,000 for uncontested divorces in Dallas, Collin, and Denton Counties, Texas. This amount includes the filing fee and is usually enough to pay for the entire uncontested divorce. However, there are additional charges for certain types of documents(such as QDRO - a Qualified Domestic Relations Order dealing with retirement plans and other employee benefits), excessive document revisions or phone calls. The fee will be higher if the case becomes contested. See our contract for precise details. The price quoted is subject to change. Contact us today to schedule a free initial consultation. info@nicholassmithattorney.com