An uncontested divorce is a type of divorce in which both parties come to an agreement on the terms of the divorce without the need for a trial. In Comal County, Texas, an uncontested divorce is a relatively straightforward process that can be completed relatively quickly and with minimal court involvement.
The first step in obtaining an uncontested divorce in Comal County is to file a petition for divorce with the county clerk’s office. This petition must include information about the parties involved, including their names, addresses, and the grounds for the divorce. In Texas, there are several grounds for divorce, including insupportability, which is the most commonly used ground. This is a catch-all provision that allows a divorce to be granted if the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
Once the petition for divorce has been filed, the other party must be served with the petition. This can be done by the county sheriff or by a private process server. Once the other party has been served, they will have the opportunity to file an answer to the petition. If they do not file an answer, the divorce can proceed as an uncontested divorce.
The next step in the process is to come to an agreement on the terms of the divorce. This can include issues such as property division, spousal support, and child custody and support. Both parties should come to an agreement on these issues in writing and file it with the court. This agreement is called a “Marital Settlement Agreement”. Once this agreement is filed, it will become part of the final divorce decree and will be legally binding on both parties.
After the Marital Settlement Agreement is filed, a final hearing will be scheduled. Both parties must attend the final hearing, but it is usually a quick and simple process. The judge will review the Marital Settlement Agreement and ask both parties if they agree to the terms of the divorce. If they do, the judge will sign the final divorce decree and the divorce will be final.
It is important to note that in order to file for uncontested divorce, both parties must agree on all the terms of the divorce, including property division, spousal support, and child custody and support. If there is any disagreement on any of these issues, the divorce will not be considered uncontested and will have to be decided by a judge in a trial.
In summary, an uncontested divorce in Comal County, Texas is a relatively quick and easy process that can be completed with minimal court involvement. It is important to have the assistance of a legal professional to guide you through the process and make sure that all the proper paperwork is filed and that the terms of the divorce are fair to both parties.