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Uncontested Divorces in Bexar County

INTRODUCTION & BACKGROUND

Welcome. This information is for people who plan to represent themselves in court on their

uncontested divorce without the help of a lawyer. They are called self-represented litigants.

This information will cover: (1) what you should know before choosing to represent yourself; (2)

the difference between a contested an uncontested divorce; and (3) the 3 basic phases of an

consuming. A divorce suit has long term consequences and affects important legal rights. That

give you information in this guide and on our webpage about free or lower-cost legal resources.

Keep in mind that the information in this guide is not legal advice, it is legal information. It is

made to help you to access the court system if you choose to go it alone.

You must understand that the Bexar County Civil Courts cannot represent you. This means none

of the judges, court attorneys, clerks, or any other court employee can give you legal advice or

anything but basic legal information.

If you need anything other than information, if you choose to act as your own lawyer, you are

responsible for knowing or learning on your own how to do everything a lawyer does to move a

It’s important for you to know the difference between an uncontested divorce and a contested

divorce.

Contested means that the spouses do not agree on one or more parts of the case, such as dividing

support.

Contested cases will require much more work than an agreed case.

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If your case is contested, you will have to learn the skills of a lawyer—including, the law, court

rules, and trial strategy. Also, you will have to respond to the legal points your spouse or their

lawyer makes.

sure your legal rights—and those of your children—are protected.

UNCONTESTED DIVORCES

This information is for uncontested cases – that is, for couples who agree about every single

point about the divorce. It means you and your spouse agree about all issues (including custody

and child support) and will both sign any necessary court forms.

If you have a protective order based on family violence, are in the process of getting one, or need

one, you should not proceed on your own. For assistance call the Bexar County Family Justice

Center at (210) 631-0100, Family Violence Prevention Services at 210-733-8810, or Texas Rio

Grande Legal Aid at 888-988-9996. You can also find this information on our webpage.

residency rules. It’s important to file for divorce in the correct county. If your case doesn’t

belong in Bexar County, the law says Bexar County civil courts doesn’t have authority to hear it,

and it will be dismissed.

At least one of the spouses must have lived in Bexar County for the last 90 days before the date

the suit is filed and lived in Texas for the last six months. If neither spouse meets the residency

requirements, you either need to file your suit in the correct county, or talk to an attorney.

Pleadings is the legal word for papers filed in a lawsuit. You can get the forms you will need to

fill out or draft your own divorce pleadings on our webpage or TexasLawHelp.org. You can find

links to these websites on our webpage.

Petition is what lawyers call the document that starts a divorce suit. Filing (that is, turning in) the

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your spouse that you want a divorce. It also gives the court information about you, your spouse,

and any children and assets you may have. It also tells the court what you are asking it to order

not to leave blanks. If something does not apply to you, write “not applicable” or “n/a” in the

blank. Talk to a lawyer if you have questions or need help.

are worried about your spouse knowing your address because of domestic violence, call Family

Justice Center at (210) 631-0100, Family Violence Prevention Services at 210-733-8810, or

Texas Rio Grande Legal Aid at 888-988-9996 for free advice.

Child Support Orders

If you already have child support and custody orders established by the Attorney General’s

Office or through a private action in any court, you must, at a minimum, include the case number

and information about the order in the Petition. Eventually, when you prepare a divorce decree,

you must include a certified copy with the divorce decree.

Filing and Fees

and any updates to this information.

If you haven’t checked the Clerk’s website, you can call District Clerk’s Civil Filing Department

at (210) 335-2621 to find out the amount of the fee and what kind of payments are accepted.

If you file in person, you will need to make 3 copies of the Petition. Take the Petition and the

copies to the District Clerk’s Civil Filing Department. The Civil Filing Department is in the Paul

Elizondo Tower at 101 W Nueva, Suite 216. The phone number is 210-335-2621. Turn in your

Petition and copies. At this time, you will need to pay a filing fee. The clerk will file stamp the

Petition and assign your case with a cause number and a court number. It is your responsibility to

always have the cause number whenever you come to court or talk to the courthouse staff by e-

mail or phone. You should know your case number and make sure it’s on every document you

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If you cannot afford the filing fee, you can fill out a Statement of Inability to Afford Payment of

Court Costs. It’s important to fill out the form as completely as possible so that the court has all

your spouse sign the Waiver of Service. The waiver must be signed before a Notary Public.

After 24 hours, the waiver of service can be filed in your case. The clerk will not charge any fee

to file the Waiver.

sheriff or private process server to personally serve your spouse. You will have to file a Request

for Process with the District Clerk’s Office and pay a fee for your spouse to be served in person.

You can also request that the clerk of the court to mail the Petition to the Respondent by certified

mail. There will also be a fee for this service. However, if someone else signs for the letter or

your spouse does not sign their name exactly as it is written on your Petition, you will have to

have your spouse served another way.

There may be other methods of service that apply to other situations, but they are beyond the

scope of this guide. Getting the respondent served can be complicated. If you have questions,

talk to a lawyer.

the Petition is filed—before a divorce can be finalized. A divorce can take longer than 60 days,

but it cannot be finalized in fewer than 60 days unless one of two exceptions involving family

violence applies.

If your spouse has been convicted of or received deferred adjudication for a crime involving

family violence against you or a member of your household, the 60-day waiting period is

waived. Or, if you have an active protective order or an active magistrate’s order for emergency

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protection against your spouse because of family violence during your marriage, the 60-day

waiting period is waived. If this applies to you, you should attach a copy of the order regarding

The Final Decree of Divorce form must be completely filled out (except for the judge’s

signature) before you go to court. You and your spouse may want to fill out the Final Decree of

Divorce form together.

When you fill out the Final Decree of Divorce:

o Print your answers neatly in blue or black ink. Do not leave blanks. If something doesn’t

apply to you, write “not applicable” or “n/a”.

o You are the “petitioner” and your spouse is the “respondent.”

Talk to a lawyer if you have questions or need help.

If you and your spouse have minor children, your Decree must include provisions for child

custody, support and visitation. Without these provisions, the court cannot finalize your divorce.

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It may take some time for you to receive a response about your decree from the office. Please do

not send multiple e-mails, as this only slows the process. After your Decree is reviewed, you

mail the Interrogatories to the address given above. Make sure to include your cause number in