Uncontested Divorce Attorney in San Antonio
Start Your Next Chapter with a Trusted Uncontested Divorce Lawyer in San Antonio
Peaceful solutions help families move forward faster. If you and your spouse agree on key issues—such as child custody, property division, and finances—an uncontested divorce provides a smoother path forward in San Antonio. Our uncontested divorce attorneys will guide you through the entire Texas process with clear steps, careful communication, and genuine support.
This approach limits conflict and keeps focus on building strong, workable agreements, especially when parents want to shield children from ongoing disputes. Many clients arrive feeling anxious or uncertain about the court process. By working with our uncontested divorce lawyers in San Antonio, you gain a steady guide who clarifies the legal process and adapts to your family's needs, whether this is your first divorce or you have walked through this experience before.
Ready to finalize your divorce quickly and affordably? Call The Locke Law Group at (210) 361-3113 or reach out online for your free consultation. We offer payment plans and bilingual services in English and Spanish.
What Qualifies as an Uncontested Divorce in Texas?
An uncontested divorce in Texas (often referred to as an "Agreed Divorce") requires mutual, complete consensus on all issues related to the dissolution of the marriage. Any disagreement on a single term—such as the division of one retirement account or one point of a custody schedule—can turn the case into a contested matter, dramatically increasing the cost and timeline.
Non-Negotiable Requirements
Before filing an uncontested divorce attorney in San Antonio must confirm you meet these prerequisites under the Texas Family Code:
- Residency: At least one spouse must have resided in Texas for a minimum of six months and in the county of filing (Bexar County) for at least 90 days.
- Grounds for Divorce: You must state a legal reason for the divorce. In nearly all uncontested cases, the parties rely on the no-fault ground of "insupportability," meaning the marriage has become unsupportable because of discord or conflict of personalities.
- Total Agreement: Both spouses must agree entirely on the resolution of all material issues, including:
- Property & Debt Division: A 50/50 division of all community property and debt is the standard goal.
- Child Custody (Conservatorship): Which parent will have the right to designate the child's primary residence (usually with geographic restrictions).
- Child Support & Visitation: The amount of support and the detailed visitation schedule (possession and access).
The Mandatory Texas Waiting Period
Even in the most amicable uncontested divorce, Texas law mandates a 60-day "cooling-off" waiting period (Texas Family Code § 6.702) starting the day the Original Petition for Divorce is filed. The earliest a divorce can be finalized is the 61st day. We use this time strategically to prepare the final legal documents, such as the Final Decree of Divorce, which formalizes your agreement.
Meeting Bexar County Requirements
Court staff in the San Antonio area prioritize accurate paperwork and agreements that truly reflect both spouses’ decisions. Uncontested divorces still require judicial review and approval before the court grants the final decree.
We help ensure your filings follow local rules, minimizing extra court visits or rejection due to incomplete documents or overlooked residency requirements unique to Texas divorce law. Because our uncontested divorce attorneys work with local judges and clerks regularly, we stay current on changes to courthouse policies and will always let you know when a new step could impact your timeline.
What is the Process of an Uncontested Divorce in San Antonio?
One of the greatest benefits of the uncontested route is avoiding the lengthy discovery and pretrial hearings that plague contested cases. We manage the streamlined process to ensure maximum efficiency for our clients.
- Step 1: Petition and Filing—The process begins when one spouse, the Petitioner, files the Original Petition for Divorce with the District Clerk’s Office in Bexar County. This document formally starts the legal clock.
- Step 2: Notice to the Other Spouse (Waiver of Service)—In a traditional divorce, the responding spouse must be formally "served" with notice, which costs time and money. In an uncontested divorce, the responding spouse can simply sign a Waiver of Service after the petition is filed, legally acknowledging notice and avoiding the need for a process server.
- Step 3: Drafting the Final Decree—We meticulously draft the Final Decree of Divorce based on the terms you and your spouse have agreed upon. This document is the legally binding blueprint for your post-marital life. For cases involving children, our attention to detail ensures the decree meets the strict legal standards of the Texas court regarding the best interest of the child.
- Step 4: The Final Prove-Up Hearing—After the 60-day waiting period has passed, the Petitioner attends a brief, non-contested hearing, often called a "prove-up." The judge asks a few simple questions to confirm residency, the grounds for divorce, and the agreement. If the judge approves the terms, they sign the Final Decree, and the divorce is official. In some limited instances, we can arrange for the divorce to be finalized via an Affidavit, potentially eliminating your need to appear in person entirely.
Why Work with The Locke Law Group?
Clients often choose us because we blend these strengths with reliability and transparency. We know Bexar County court procedures and keep up with the latest local practices. This helps us provide accurate expectations and updated advice for your circumstances.
- Board Certification & unique insight: Our team, led by Shannon Locke, holds a Board Certification in Criminal Law from the Texas Board of Legal Specialization and uses experience as a former state prosecutor and police officer—giving you invaluable perspective on court procedures and a practical outlook for resolving disputes.
- Client-focused service: We value prompt, clear communication. Our uncontested divorce lawyers keep you informed at every step—so you never feel left out of your case.
- Bilingual representation: Our services in English and Spanish help more San Antonio families successfully navigate every stage of uncontested divorce.
- Flexible payment options: Divorce brings enough stress. We offer payment plans tailored to your situation, designed for fairness and peace of mind.
- More than 50 years of legal experience: Our team draws from decades of combined legal knowledge, so you receive practical and reliable advice throughout your divorce.
We take time to learn what matters most to you and treat your case with the care it deserves.
Take the Next Step with a San Antonio Uncontested Divorce Attorney
Starting your uncontested divorce in San Antonio doesn’t have to be confusing. Contact The Locke Law Group to schedule your confidential consultation. You’ll work with a team committed to clear guidance, prompt communication, and approachable service—whether you prefer English or Spanish. When you call, you get practical answers and a clear plan that outlines exactly what comes next.
Let our experience help you move forward smoothly—call (210) 361-3113 or reach out online today to begin your next chapter.
FAQs
How long does an uncontested divorce usually take in San Antonio?
Most uncontested divorces in San Antonio require at least 60 days from the initial filing to completion, due to Texas law. Well-prepared cases with complete paperwork and no disputes often finalize soon after the waiting period ends.
What are the main requirements for an uncontested divorce in Texas?
Both parties must agree on all important issues, meet Texas residency requirements, and complete the required court forms. No-fault grounds are the most common reason for uncontested divorces in Texas.
Can we handle an uncontested divorce without court appearances?
In some cases, you may complete most steps without appearing in court, especially if both spouses agree and the documents are accurate. However, a judge may request a brief court appearance to review and approve agreements.
Do both spouses need separate attorneys for an uncontested divorce?
Texas does not require both spouses to have separate attorneys. Each spouse can choose to seek independent legal advice at any stage of the process if desired.
What if we reach an agreement but have a minor disagreement later?
If new disagreements arise, mediation or further negotiation may help address those issues without a contested court hearing. Staying flexible and prioritizing shared goals often leads to faster, more peaceful resolutions.
