Uncontested Divorce In New Braunfels
Noncontested Divorce Lawyer Serving The Needs Of Families Throughout South Central Texas
In a significant number of marriage dissolutions, only one party actively participates in the process. Sometimes, a divorce respondent does not obtain attorney services even though he or she was served papers in a legal manner. Other times, a respondent has abandoned a childless relationship and, as there is no property to divide, they do not see the need to respond. However, a divorce can be much simpler in some cases. An uncontested divorce may arise when two people agree to separate and are fairly amicable about the resolution. To ensure that the divorce is legitimate to help the petitioners move on with their lives it is important to find the right lawyer.
The experienced team at The Bettersworth Law Firm routinely handles uncontested divorces. Our professionals employ proven methods, and they are committed to finalizing the divorce at the earliest possible opportunity.
Service Of Process In An Uncontested Divorce
In an uncontested divorce case, the manner of notice depends on whether or not the petitioner has a valid address for the respondent.
Most lawyers first reach out to the respondent and secure the person’s signature on a waiver of service. By executing this document, the respondent acknowledges that there is a divorce pending and agrees to give up any right to contest the matter. The waiver must contain specific language and meet specific time deadlines, or the judge will throw out the divorce action.
Many times, the respondent refuses to sign the waiver and formal service of process is required. If the process server is unable to personally deliver the documents, alternative service may be available. After approving an affidavit, a judge may allow the process server to leave the paper in a conspicuous place or with any resident over the age of 14.
If the respondent cannot be located, there are several available options, depending on the circumstances of the case, including:
- Citation by posting: If there are no minor children and the female spouse is not pregnant, a legal notice can be posted on or near the courthouse door.
- Citation by publication: If posting is not an option, the notice can be published in a local newspaper. Courts have very specific rules regarding which newspaper must be used, what the notice must say, and how long it must run.
The petitioner may obtain a divorce by default if the respondent does not file a legal response on or before the deadline.
Timeline And Issues In An Uncontested Divorce
A petitioner may file divorce after having lived in the state for six months and the county in which the action was filed for 90 consecutive days. There is a mandatory 60-day waiting period, during which the respondent must receive legal notice, as outlined above, and the female spouse cannot be pregnant.
Upon finalization, the judge will resolve all marital issues, including property division and child custody. The judge also has the power to order a name change, if requested. There is no need to file a separate action for any of these things.