Process Helping Families Move Forward With Dignity, Grace, & Respect

The Process for Uncontested Divorce

Austin Agreed Divorce Attorneys

In an uncontested divorce, both parties agree on all terms of the divorce. Here at Agreed Divorces, we work with clients to make the uncontested divorce process as streamlined and user-friendly as possible. Our mission is to help our clients resolve their divorce with grace, dignity, and respect, facilitating a mutually beneficial resolution for all parties.

It's important to understand that our leading divorce attorney, Mr. Evans, can only represent one party in an uncontested divorce. The rules of ethics do not allow him to advise both parties, as this is a conflict of interest. However, the entire process is transparent, and nothing happens without the agreement and signature of your spouse. Additionally, we're more than happy to arrange a meeting for you and your spouse, so Mr. Evans can cover the entire divorce process for both of you. Generally speaking, that first meeting is designed to alleviate any anxiety you have and help you thoroughly understand the process and the role of our office.

At Agreed Divorces, we put our clients first. As part of our commitment to taking care of you, we use a flat-fee pricing model. We tell you up-front exactly what our services cost, so you never have to worry about hidden fees. We want you to call us if you have questions or concerns so that we can provide you with the best possible experience, and our pricing model allows us to achieve that goal.

Below, we take you through our methodology step by step, so you know what to expect when you bring us on board for your divorce.

Step 1: A Free Consultation with Attorney James Evans

In the first consultation, Mr. Evans will thoroughly explain the process so you can understand our approach to divorce. Mr. Evans strives to provide complete transparency throughout the process. While a spouse may retain legal representation at any time, the vast majority of our clients' spouses do not retain legal counsel for representation.

A free consultation for an uncontested divorce (referred to by our firm as an "Agreed Divorce") will usually last about an hour. We are committed to ensuring that you have an in-depth and clear understanding of the Agreed Divorce process, the issues that are present in your case, and the right path to resolving them.

Step 2: File Your Petition for Agreed Divorce with the Appropriate Court

A divorce can only be initiated when one of the spouses files an original petition. We style ours, "An Original Petition for An Agreed Divorce." This two-page document streamlines the divorce petition provided by other firms or courts, removing unnecessary or anxiety-inducing language.

We style the petition to make our intent to pursue a mutually beneficial Agreed Divorce clear to your spouse and the court, reducing friction between the parties.

It's important to know that we will not serve your ex with a citation for an Agreed Divorce, i.e., have a constable or process server deliver the divorce papers to your spouse. We firmly believe that this is an unnecessary measure in an Agreed Divorce.

Serving citation is deemed hostile and creates conflict and stress. We find no reason to serve citation in cases where couples can work transparently, collaboratively, and in good faith. Not issuing citations stops your spouse from feeling threatened or pressured, enabling all parties to focus on resolving the divorce.

Step 3: Work Out the Details Using Our Online Questionnaire

Texas law requires that all couples wait a minimum of 60 days before finalizing their divorce. Texas courts only make exceptions to this rule when one spouse has been previously convicted for a crime of family violence against the other spouse.

In the event domestic violence has occurred, the court may waive the minimum 60-day requirement. If your case involves spousal abuse or domestic violence, Mr. Evans will thoroughly discuss whether the Agreed Divorce process is the right choice for you. Otherwise, the 60-day requirement commences on the day your petition is filed with the court.

During the "waiting period," you and your spouse will answer a detailed questionnaire that Mr. Evans personally developed. Our questionnaire walks couples through divorce-related processes such as custody, visitation, the division of assets and debts, alimony, etc. The questionnaire allows our office to analyze the circumstances of your divorce so that we can recommend a mutually beneficial resolution tailored to your specific needs. We use the questionnaire when drafting the Agreed Final Decree of Divorce, which is the document that finalizes the dissolution of your marriage and establishes how both parties conduct themselves post-divorce.

The questionnaire allows you and your spouse to work through the various issues related to your case. It also serves as a disclosure for both of you regarding your assets and liabilities. While working on the questionnaire, Mr. Evans will answer any questions or concerns you have and walk you through the process.Because we use a flat-fee pricing model, you don't have to worry about being "on the clock" and paying hourly fees for our services. This is done by design to help incentivize couples to ask questions and work toward an agreement.

Step 4: Draft the Initial Agreed Divorce Decree

Once we receive the completed questionnaire, our staff will discuss it with you to clarify specific points and ensure everything appears to be in order. We want to make sure we're all on the same page so that we can pursue your best interests while moving forward with your divorce.

Once we've clarified any issues, one of our legal assistants will draft an initial decree, which we then ask you to review. The first draft is just that—a draft—and we often make multiple revisions to ensure that you're completely happy with the decree. This is a chance for you to communicate any questions or concerns to our office, so we can work with you to resolve them.

At this juncture, Mr. Evans takes over the process of reviewing the draft, answering any questions you have. If custom drafting is required, he will personally make revisions. When you and Mr. Evans are finished making adjustments, we'll share the working draft with your spouse to receive their input. Since this is an Agreed Divorce, we need to make sure all parties agree to the decree before finalizing the divorce.

Step 5: Sign Your Documents and Decree

Once we complete the final working draft of the decree, both you and your spouse need to sign it. Our forms require that each spouse initial the bottom of each page to ensure that, when the court reviews the decree for approval, they can verify that both spouses reviewed and agreed upon it.

Occasionally, we may require both parties to sign collateral documents, such as special warranty deeds, Qualified Domestic Relations Orders, powers of attorney, etc. Depending on the specific needs of your situation, Mr. Evans can discuss any collateral documents with you and help you obtain and sign them. Once both parties sign the collateral documents, they can be returned to our office either in person, by fax, or through email—whatever works best for you. You may also use a courier if you prefer.

Step 6: Finalize the Divorce

Once we review all the documents and verify that they're ready to be signed, Mr. Evans offers an optional meeting with the parties to work through the documents and answer questions. As your attorney, Mr. Evans is restricted in how he can aid your spouse and will express those restrictions so that your spouse clearly understands Mr. Evans' role in the process. At this time, your spouse can decide whether they want to retain an attorney to review the decree and other documents. Otherwise, everyone can sign off on the documents, and we can prepare to finalize the divorce with the court.

If everything is signed and ready to go, the last step is to finalize the case. It's an old relic in Texas law, but even if everything is agreed upon, at least one of the spouses must appear in court and give some basic testimony. While both parties are entitled to attend, only one of the parties is required to provide evidence.

At this juncture,we ask that the spouse not represented by our firm sign a waiver of the right to be present at court. This waiver allows our firm to present the decree with that spouse's signature, enabling us to appear in court and finalize the divorce without the non-client spouse appearing. Because this is a legal document that waives various rights, our office never asks the non-client spouse to sign the waiver until they review, approve, and endorse the Agreed Final Decree of Divorce. Once all parties have signed the decree, appearing in court is just a formality, so the non-client spouse shouldn't have any reservations about signing the waiver.

This part of the process, where you appear in court to give basic testimony, is called the "prove-up." Mr. Evans will prepare you for the questions the court will ask in advance, giving you time to rehearse and prepare. We do whatever we can to make sure our clients feel completely comfortable attending the prove-up. Generally speaking, the prove-up itself is swift, and you will be waiting to appear before the judge longer than you will actually testify. Prove-ups generally take less than an hour. Some of the questions you may be asked include the following:

  • Has one or both parties resided in Travis County for at least 90 days before filing for divorce?
  • Has you or your spouse lived in Texas for six months prior to the filing?
  • Are grounds for the marriage no longer supportable?
  • Quick questions about your parenting plan if you share children with your spouse.
  • Brief questions about debts and the division of property.
  • Questions about keeping or doing away with married names.

Once the prove-up process is complete, our attorney will ensure that you obtain all the necessary paperwork from the courthouse. If child support needs to be set up, provisions will be taken care of at this time.

If a spouse wants to change their name, Mr. Evans and the office need to know in advance so that we can prepare a separate order on the name change. If necessary, a certified copy of the Agreed Final Decree of Divorce may be obtained at that time. If you are uncertain whether you need a certified copy, just ask Mr. Evans. The court clerk's office will charge a small fee for all certified copies, which must be paid at that time. Usually, upon returning to the office, we will ensure that an electronic copy of the Agreed Final Decree of Divorce is emailed to you for your records and forward another copy to your spouse.

Note: All clients should be aware that many counties (not Williamson or Travis County) require parenting classes if children are involved, regardless of whether an agreement was made in your divorce case. The court will require a certificate of completion showing that you and your spouse have complied. If this requirement applies to you, then the attorney will discuss the matter at your initial consultation.

Agreed Dissolution of Marriage in 90 Days or Less

If both parties to the Agreed Divorce avoid conflict and have transparent communication throughout the process, things will run smoothly and quickly. If documents are signed promptly, an Agreed Divorce can be finalized in 90 days or less. There are exceptions to this timeframe, but things can generally be completed quickly as long as all parties stick to the plan.

Flat-Fee Pricing for Agreed Divorces

Mr. Evans does not believe that people should be hampered with excessive legal fees when they are willing to communicate and work together to reach an amicable resolution to their divorce. As a result, we provide our Agreed Divorce service at a flat fee. The Evans Law Group offers payment plans to meet all types of budgets and situations. Generally, the fee for an Agreed Divorce is $2,500 plus any out-of-pocket costs. The fee of $2,500 is an average price for couples with children and assets. Fees can be more or less depending on the circumstances and should be discussed with Mr. Evans or the attorney directly.

Out-of-pocket expenses associated with a divorce are generally the filing fees with the court, fees related to the transfer of real estate as applicable, and dividing qualified retirement plans. Our flat-fee pricing strategy is designed so that clients don't feel anxious about being on the clock when working with us to answer questions or discuss concerns. While "abuse" of this communication privilege is rare, if communications get out of control, the attorney may remind you that this is a flat-fee arrangement and the time of everyone needs to be respected.

Contact Us Today for Professional Agreed Divorce Services

Our divorce attorneys handle Agreed Divorce cases in Travis, Bastrop, Williamson and Hays Counties. Our divorce lawyers offer a free consultation and often work remotely using phone or video conferencing tools, like Skype.

Put the extensive experience of Austin, Texas Divorce Attorney James W. Evans to work for you.

Contact us online or call us today at (512) 628-2550 to discuss your case with our office and schedule a free consultation.

Reasons to Work with Our Team

  • Fixed Pricing Starting at $2,500*
  • Board Certified in Family Law by the Texas Board of Legal Specialization
  • Avoid Costly Litigation Expenses
  • Achieve a Desired Outcome with Minimal Conflict
  • Decades of Legal Experience
  • Team Oriented and Collaborative Law Firm
“For over 20 years our mission has been to help our clients divorce with dignity, grace, and compassion.”

- Attorney James Evans

Our Happy Clients Agree

  • He always made sure that we were ahead of paperwork, and thanks to his hard work, we were officially divorced on the very first day it was legally possible.

    “He always made sure that we were ahead of paperwork, and thanks to his hard work, we were officially divorced on the very first day it was legally possible.”

    - Leeann M.
  • He is very responsive during our communications, addressing all my concerns almost immediately and accurately. As a result, my case went really smoothly.

    “He is very responsive during our communications, addressing all my concerns almost immediately and accurately. As a result, my case went really smoothly.”

    - Chunliang X.
  • By the end of the case, I felt my interests were always a top priority and I am extremely pleased with the results.

    “By the end of the case, I felt my interests were always a top priority and I am extremely pleased with the results.”

    - Tom R.