KEEP YOUR DIVORCE SIMPLE, AFFORDABLE, AND FAST!
Have a Question? Start Here.
Below, we've answered some of your most frequently-asked questions.
Feel free to follow up with us directly for more information about any of the information below, and how it might apply to your situation.
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MARION & GUCWA
real texas attorneys ~ real simple divorce
At Marion & Gucwa, we specialize in making the uncontested divorce process as straightforward, predictable, and stress-free as possible.
We proudly serve clients in all 254 Texas counties through a completely remote process—meaning you can complete your entire divorce from the comfort of your home without ever needing to visit our law office or step into a courtroom. Best of all, we operate strictly on a transparent, all-inclusive flat-fee structure so you know your exact costs from day one!
Browse our most frequently asked questions below to learn more.
Frequently Asked Questions
What qualifies as an "uncontested" divorce in Texas?
An uncontested (or agreed) divorce means that you and your spouse will reach 100% agreement on every single issue. This includes the division of all assets, retirement accounts, debts, property, and—if applicable—child custody, visitation schedules, and child support, and the parties will be signing the Agreed Final Decree of Divorce.
How long does the uncontested divorce process take?
Texas has a 60-day "Waiting Period" which begins when the Original Petition for Divorce is filed. This means the Judge cannot finalize the divorce any sooner than 61 days from the day of filing...and any time after that. For an agreed divorce, the entire process is typically completed in between 61 and 70 days, depending on which Court your case lands in.
Do I have to file for divorce in the county where I currently live?
Yes, but you might also file in the county where the other party resides. To file for divorce in Texas, at least one spouse must have lived in the state for the last 6 months and in the specific county where you are filing for the last 90 days. Don't worry, we can take care of your case in any county in Texas!
No, Texas does not recognize "legal separation" the way some states do. Even after the Petition is filed, you are still legally married until a Judge signs the Final Decree of Divorce. You do not need to live apart to file for divorce, and separation is unrelated to the Waiting Period.
Does Texas recognize legal separation?
What if we agree on everything, but we have children or own a house?
You can still file and finalize an uncontested divorce! It just means the paperwork will be more complex, and we'll need to cover more areas with the parties to reach a full agreement. The Agreed Final Decree of Divorce will need to address parental rights and duties, possession and access schedules, child support, medical support, and the legal transfer of real estate titles.
Can my spouse and I hire the same attorney to save money?
No. Under Texas ethical rules, one lawyer cannot represent both spouses because your legal interests are inherently adverse. However, in an uncontested divorce, while our firm represents the filing party (the "Petitioner"), we communicate with both parties as needed to draft all the necessary paperwork, answer questions about the proposed documents as we gather signatures, and present only agreed (signed) paperwork to the Judge for finalization. Most of the time, we are the only attorneys on a case, and the other party chooses to simply review and sign as an unrepresented party.
Does my spouse have to be formally "served" with papers?
Not if they are cooperating. To avoid the stress, embarrassment, and extra cost of formal service by a Constable or Process Server, your spouse can simply sign a Waiver of Service. This document proves to the court that they have received the paperwork and agree to move forward smoothly. This is one of the documents we'll prepare and file as part of the case.
Will I have to go to court for a final hearing?
It depends on the county, but most of the time, no! Most Texas courts now allow agreed uncontested divorces to be finalized without the usual in-person court appearance. If your local judge does require an appearance, our firm coordinates the finalization process so it is as brief and stress-free as possible.
We can easily handle real estate in your uncontested divorce as long as the parties agree on what is going to happen to the property. Will it be sold? Will one party buy the other party out of their equity? Depending on what the parties need, we will draft the necessary property division language in your decree, and we also prepare the required Special Warranty Deed and Deed of Trust to Secure Assumption to properly transfer the title and protect both parties.
What if we own a home or land together?
Can my spouse and I hire the same attorney to save money?
No. Under Texas ethical rules, one lawyer cannot represent both spouses because your legal interests are inherently adverse. However, in an uncontested divorce, our firm can represent you, draft all the necessary agreed paperwork, and your spouse can simply choose to review and sign it as an unrepresented party.
Can we divide retirement accounts (401ks, IRAs, Pensions) in a flat-fee divorce?
Yes! We routinely handle the division of retirement assets in our uncontested cases. However, safely splitting a 401(k), 403(b), or pension typically requires a separate legal document called a Qualified Domestic Relations Order (QDRO). Because QDROs require specialized drafting and approval from the retirement plan administrator, we handle them for a separate low flat fee (usually $400).
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How are child custody and visitation handled in a flat-fee divorce?
If you have children, our all-inclusive flat fee fully covers the incorporation of a Texas Standard Possession Order (SPO) or a custom Modified Possession Order, provided you both agree on the schedule. We always enjoy putting together a customized Parenting Plan for the Decree, building an order (with the help of the parties) that reflects what the parties want, not necessarily just the standard language most Judges use.
What about child support and health insurance? Can we deviate from the guidelines?
Texas law requires that the financial well-being of the children be explicitly addressed, but if you and your spouse agree to a monthly amount for child support, we can build that into the agreement, so this calculation isn't left to the Court...the parties themselves can set the amount.
How quickly can I file for divorce?
We can have your Petition filed the same day you wish! We gather what we need for the initial filing, and move quickly to get the Petition filed and the 60-day Waiting Period started. Now that everything is electronically filed with the Clerks, the filing process is quite fast, and you can count on us moving quickly, too!
How much does an uncontested divorce cost?
We believe in absolute transparency, which is why we strictly operate on an all-inclusive flat-fee pricing structure! Our standard flat rates range from $1,500 to $2,000, depending on the location, whether children are involved, and whether a Payment Plan is used for the case. All of our packages are all-inclusive, so all filing fees and court costs are already included!