Amarillo Uncontested Divorce Lawyer
 

Property Division in an Uncontested Divorce

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Texas is a community property state, so property and debts acquired during marriage are generally part of the marital estate. In an uncontested divorce, both spouses must agree on how those assets and debts will be divided.

Amarillo divorce attorney David Enos helps clients address homes, vehicles, bank accounts, retirement accounts, business interests, and other property while making sure the agreement complies with Texas law and is clearly stated in the Final Decree of Divorce.

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Uncontested Divorce With Children

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An uncontested divorce can involve children, but the parents must agree on conservatorship, possession and access, child support, and medical and dental support before the case can be finalized as agreed.  Attorney Enos helps you understand Texas custody and support laws so you can craft a parenting plan and support arrangement that works for your family. He will walk you through:

• How custody decisions are made and what factors the court considers.

• Options for shared or primary custody arrangements.

• Child support guidelines and how support amounts are determined.

This clarity can reduce conflict and help you and your spouse agree on terms that serve your children’s best interests without unnecessary litigation.

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Why Choose David Enos for Your Amarillo Uncontested Divorce?

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David Enos has more than 30 years of legal experience helping clients with divorce and family-law matters in Amarillo and the Texas Panhandle. He provides practical guidance through each step of an uncontested divorce, from filing the petition to preparing the Final Decree of Divorce.

Clients work directly with an experienced Amarillo uncontested divorce lawyer who focuses on clear communication, efficient resolution, and making sure the parties’ agreement is properly documented under Texas law.

 

Frequently Asked Questions About Uncontested Divorce

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What does it mean when a Texas divorce is “uncontested”?

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There’s no special status under Texas law for an “uncontested divorce”. It is simply a phrase used to describe a situation in which a married couple has agreed to divorce and there are no disagreements on the issues involved in the divorce, such as property division, child custody or child support. If you and your spouse are seeking a divorce in Texas and have agreed on all issues, you can file an uncontested divorce.

The major difference between an uncontested divorce and a divorce in which there are contested issues is the process of the divorce. Generally, when a divorce is uncontested, the process is very predictable and should take a relatively short amount of effort and time to complete. On the other hand, a contested divorce is very unpredictable. The amount of time it may take to finalize a contested divorce can often exceed a year and can take an extensive effort to complete.

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Can my spouse and I both hire you to handle our uncontested Texas divorce?

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NO. Although you and your spouse may be in agreement on all issues in the divorce, you are still opposing parties to the same litigation. An attorney who represents both parties to a Texas divorce has violated the rules of professional conduct and risks being subjected to severe sanctions by the State Bar of Texas. In short, it is a very bad idea. However, many married couples do proceed through an uncontested divorce with only one spouse being represented by legal counsel. When this happens our office will represent one of you, draw up all the court papers and then meet with our client to make sure they reflect the agreement that was made. If everything is in order, we will send the decree to the other spouse to review and sign off.  

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How long will the uncontested divorce process take?

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Since Texas generally requires spouses to wait 60 days from the time of the filing of the petition to finalize the divorce, we try our best to schedule your court date as soon after the 60 days expires as possible. On occasion, difficulties in narrowing down details or wording of the decree may delay that process. In our experience, most uncontested divorces are resolved within 2-4 months of the initial filing of the petition. We can discuss your particular situation and provide an approximate range of time for completing your divorce.

 

How do we start an uncontested divorce?

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Generally, our office will ask you to fill out a questionnaire that allows us to obtain all of the critical information at once. This will provide us with the information needed to complete the paperwork to start the divorce process. When we receive your completed questionnaire, we will draft and file your Original Petition for Divorce. This document provides the basic information the court needs in order to initiate the divorce proceedings. Once this document is on file, we will forward a copy of the divorce petition to your spouse along with an additional document called a Waiver of Citation.

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Why would my spouse agree to waive his/her rights with a Waiver of Citation?

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Generally, the only right being waived with this document is the right to be formally served with process. Service of process is designed to ensure that a person is given proper notice of a lawsuit. Since service of process can often cost between $50 and $100 and take around a week to complete, a waiver of service is largely a cost and time saving measure.

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What happens once we have the completed Waiver of Citation from my spouse?

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We will file the Waiver of Service with the court and begin drafting your final decree of divorce. This final decree of divorce is the centerpiece of this entire process. It contains the entirety of the agreements entered into between you and your spouse, including division of property and debts, custody of your children, payment of child support and possibly even a name change for the wife.

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Do both parties have to sign the final decree of divorce?

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Yes. In order for the divorce decree to be “agreed”, it must be signed by both spouses.

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Do I have to appear in court?

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In many uncontested divorce cases, we can complete the final hearing without requiring you to appear personally in court, depending on the court’s procedures and the circumstances of your case.

 

Texas Divorce and Your Future

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Divorce impacts your finances, family, and long-term stability. Understanding your rights under Texas law can help you move forward with confidence and clarity.

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If you are considering divorce in Texas, speaking with an experienced Texas divorce attorney can help you understand your options and protect your interests.​