Bastrop Uncontested Divorce Attorney
The goal in an uncontested divorce is simple: sign the decree as soon as the law allows, with every term already settled and nothing left to argue about. The Law Office of Oprea & Weber helps couples reach that point. Our firm handles divorce, collaborative, cooperative, and mediated divorce, child custody, child support, spousal maintenance, and property division, serving Bastrop County first and clients across Travis, Williamson, and Hays Counties and the rest of Central Texas. If you are looking for a Bastrop uncontested divorce attorney, you are probably hoping for a calm, private ending rather than a fight.
Here is the part that surprises people: an uncontested divorce in Texas is not instant, even when both spouses agree on everything. The court cannot grant a divorce until the 60th day after the petition is filed, and agreement between spouses does not shorten that. What agreement does is let you spend those 60 days finishing paperwork instead of building a case. In Bastrop County, your case would be filed in district court, where the 21st, 335th, and 423rd District Courts serve the county.
Why Choose Oprea & Weber for an Uncontested Divorce in Bastrop County
The Law Office of Oprea & Weber is a boutique divorce and family law firm serving Bastrop County, Travis County, Williamson County, Hays County, and communities throughout Central Texas. Our attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, and he both mediates family law disputes and represents clients in mediation, which is useful experience when the goal is an agreement that holds up. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, and that appellate discipline shows up in how carefully we draft decrees.
Careful drafting matters most in an agreed case. When nobody is fighting, the decree is the whole product. A vague property clause or a sloppy retirement account provision can turn a friendly divorce into a dispute two years later. Your attorney personally handles your case from the first consultation to the final decree, we keep our caseload intentionally manageable, and you are not passed to layers of staff or junior associates. Clients describe us as knowledgeable, thorough, and caring, and one wrote that Kevin “translates legal language into applicable information.” We explain things in plain language and keep you informed throughout.
We are also fully prepared to try a case. That matters even in an uncontested matter, because an agreement is only as good as the leverage behind it, and because some divorces that begin amicably do not stay that way.
What Has to Be Settled Before a Divorce Counts as Uncontested
“Uncontested” means the spouses agree on every issue the decree must address. A single open question, such as who keeps the house or who has the children on holidays, makes the case contested until it is resolved. These are the issues we work through with agreed-divorce clients:
- Property Division: Texas divides community property in a manner the court considers just and right, which does not always mean 50/50. Even when you agree, the decree must identify the house, vehicles, bank accounts, and debts clearly enough to be enforced.
- Retirement Accounts and Pensions: Dividing a 401(k) or pension usually requires separate paperwork beyond the decree itself. Skipping that step is one of the most common reasons an agreed divorce comes back for repair.
- Conservatorship and Possession Schedule: Texas calls custody conservatorship and visitation possession and access. Parents can agree on a schedule that fits their lives, and the court will approve it when it serves the child’s best interests.
- Child Support: Guideline support is a percentage of the paying parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five, with the percentages applying only up to a cap that is adjusted periodically. Agreeing to a different amount is possible, but it affects how easily the order can be modified later.
- Health Insurance and Medical Costs: The decree should say who carries coverage for the children and how uncovered expenses are split, so nobody argues over a dental bill.
- Spousal Maintenance: Texas maintenance is limited and tied to specific eligibility grounds, such as a marriage of 10 years or longer where one spouse cannot meet minimum reasonable needs, family violence, or incapacitating disability. If you are waiving or agreeing to it, the terms need to be spelled out.
- Debts: A decree can assign a credit card to one spouse, but a creditor is not bound by it. We discuss how to structure payment and protection so a missed payment does not damage the other spouse’s credit.
Where to Start If You and Your Spouse Already Agree
Begin with residency, because it decides whether your case can be filed at all. At least one spouse must have lived in Texas for the preceding six months and in the county of filing for the preceding 90 days. Only one spouse has to meet both requirements, so a recent move by the other spouse does not stand in the way. If you live in Bastrop County, that is where the case belongs.
Next, gather the information that makes agreement real instead of assumed: recent bank and retirement statements, mortgage and vehicle loan balances, credit card debts, tax returns, and any documents about a business. Couples often agree in principle and discover they were picturing different numbers. Putting everything on the table early is what keeps an uncontested divorce uncontested.
Once you have decided to move forward, one spouse files an Original Petition for Divorce in the Bastrop County district court. The other spouse can sign a waiver of service rather than being formally served, which keeps the process civil and avoids a process server showing up at a workplace. The 60-day waiting period runs from the date of filing, not from service, so filing promptly starts the clock. After that, the decree is prepared, both spouses sign, and the case is presented to the judge for approval. A short prove-up hearing is typically part of the process.
The most common mistake we see is using a free online form to save money, then discovering later that the decree never divided a retirement account or left the possession schedule too vague to enforce. Fixing a decree after the fact costs more than drafting it correctly the first time. Another frequent mistake is moving out, selling property, or changing accounts before the paperwork says who gets what. Keep things steady until the decree is signed.
Cooperative Divorce: One Lawyer, Two Spouses Working Together
Some couples are good candidates for a cooperative divorce, an option that fits many uncontested cases well. In this approach, Kevin Weber represents one spouse while working with both spouses to resolve their issues together, and the other spouse chooses to proceed without separate counsel. It saves money and works best for couples committed to a respectful, transparent process.
It is not right for every couple. When there is significant conflict, or when either spouse is uncomfortable proceeding without a lawyer, each spouse should have their own attorney. We will tell you honestly which path fits. If agreement stalls on one issue, mediation can bridge the gap without turning the whole case into litigation.
Frequently Asked Questions About Uncontested Divorce in Bastrop
How long does an uncontested divorce take in Bastrop County?
The minimum is the 60-day waiting period, which starts the day the petition is filed. An agreed divorce can often be finalized shortly after that period ends, provided the paperwork is complete and the court’s schedule allows. Delays usually come from incomplete agreements, missing signatures, or retirement division paperwork, not from the court itself.
Can we skip the 60-day waiting period if we both agree?
No. Agreement between spouses does not waive the waiting period. The exceptions are narrow and involve family violence, such as a conviction or deferred adjudication for a family violence offense against the petitioner or a member of the petitioner’s household, or an active protective order based on family violence during the marriage.
Does my spouse have to agree to the divorce in Texas?
No. Texas does not require both spouses to consent. One spouse can file, and the case moves forward whether or not the other wants the divorce. What makes a divorce uncontested is agreement on the terms, not agreement on whether to divorce.
Do we both need a lawyer for an uncontested divorce?
Not always. In most divorce and custody cases each spouse hires their own attorney. In a cooperative divorce, one attorney works with both spouses while representing only one, and the other proceeds without separate counsel. That approach suits couples who are genuinely aligned and comfortable with a transparent process.
What if my spouse does not respond to the petition?
A served spouse generally has about 20 days to file an answer. If none is filed, the case can proceed by default. A default is not the same as an agreement, and the decree still has to address property, custody, and support fully and correctly.
Do we need to appear in court?
Typically the filing spouse attends a short hearing where the judge confirms the terms and signs the decree. Requirements vary by court, and your attorney will tell you what to expect before your date.
We have children. Can the divorce still be uncontested?
Yes, if you agree on conservatorship, the possession schedule, child support, and medical coverage. The court reviews arrangements involving children with the child’s best interests in mind, so the agreement must be complete and workable. For new orders where parents live within 50 miles of each other, the Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, is now the default unless parents agree to something different.
Can I change child support or custody after an agreed divorce?
Yes, but modification has standards. Child support can be modified after three years if the monthly amount differs from the guideline amount by 20 percent or $100, or earlier on a material and substantial change in circumstances. If your agreed support differed from the guidelines, the court may modify only on a material and substantial change since the order. Changing conservatorship or possession requires a material and substantial change and that the change serves the child’s best interest. This is why getting terms right the first time matters.
Can we qualify as uncontested if we were never formally married?
Possibly. Texas recognizes informal marriage if a couple signed and filed a declaration, or if they agreed to be married, lived together in Texas as spouses, and held themselves out as married. There is no minimum cohabitation period. If you separated and no proceeding to prove the marriage began within two years, the law presumes you did not agree to be married. Whether you need a divorce at all can be the first question to answer.
Is a divorce still uncontested if one of us wants spousal maintenance?
It can be, if you agree on the amount and duration. Court-ordered maintenance is capped at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, with duration limits that depend on marriage length and the eligibility ground. Parties can negotiate their own terms, but those terms must be written clearly in the decree.
What if we agree now but one of us changes our mind?
Until the judge signs the decree, either spouse can change position, which is why signed, well-drafted agreements matter. If a dispute emerges, the case becomes contested and we pivot to mediation or litigation as needed. We prepare every case as though it could go to trial, so an uncontested case that turns contested is not caught flat-footed.
Serving Bastrop County and Central Texas Families
We represent clients throughout Bastrop County, including Bastrop, Smithville, Elgin, Cedar Creek, Paige, Red Rock, Rosanky, and Camp Swift, along with the rural communities between them. Because the 423rd District Court hears only matters arising within Bastrop County, and the 21st and 335th District Courts also serve neighboring counties, local filing practice matters, and we handle it for you.
Our work reaches beyond Bastrop County to neighboring Travis County, including Austin, Manor, Pflugerville, and the communities around them, as well as Williamson County, including Georgetown, Round Rock, Cedar Park, Leander, and Taylor, and Hays County, including San Marcos, Kyle, and Buda. Couples in these communities often share a commute or property across county lines, and we help sort out which county is the proper place to file.
Talk With a Bastrop Uncontested Divorce Attorney
If you and your spouse have reached agreement, or you think you are close, a conversation with a Bastrop uncontested divorce attorney at our firm can tell you whether your situation fits an agreed, cooperative, or mediated path and what the 60-day timeline will look like for you. Call to schedule a consultation. You will talk directly with an attorney who will handle your case from start to finish.