How to File an Uncontested Divorce in Brazoria County, Texas

Filing an uncontested divorce means both spouses are in agreement about all material issues.

An uncontested divorce is one in which both spouses agree on how all issues should be resolved in the divorce. For example, both spouses must agree on child-custody issues, division of the marital property and issues related to child and spousal support. An uncontested divorce is the easiest way to file for divorce because both spouses decide how the issues will be resolved, without interference from the court. In addition, a spouse can file an uncontested divorce without the assistance of an attorney because an uncontested divorce is straightforward.

Instructions

1. Confirm with the non-filing spouse that all issues are resolved and that the divorce will in fact be uncontested. If a few issues remain that need to be resolved, do not file the divorce petition until both spouses agree on all issues.

2. Complete a divorce petition. A divorce petition is available in the Brazoria County Clerk's Office. You will need to provide contact information for both spouses, the date of the marriage and the date of separation.

3. File the divorce petition by mail or in person at 111 E. Locust Street, Room 500 in Angleton, Texas. If you are filing the petition in person, you will do so in the Brazoria County Clerk's Office. Do not forget to sign the petition at the bottom. The clerk will not be able to answer any questions you have about how to complete the form. If you are unsure, contact a family law attorney before filing the petition.

4. Pay the filing fee. The fee will vary from $264 to $437, depending on whether you need the sheriff to serve a copy of the divorce petition on the non-filing spouse. Serving a copy of the divorce petition provides your spouse with notice of the divorce. However, you can also file a waiver of citation when you file the divorce petition. A waiver of citation is a document signed by the non-filing spouse stating that he has received a copy of the divorce petition. If you file a waiver of citation, you will not need to provide notice to the non-filing spouse.

References

• Brazoria County District Clerk: Frequently Asked Questions
• Brazoria County District Clerk: Civil Filing Fees