Uncontested Divorce Attorney in San Marcos
Already in Agreement? We’ll Get the Paperwork Right.
When both spouses have agreed on property, debts, and any arrangements involving children, an uncontested divorce is the most straightforward path forward. It’s often faster and less expensive than contested litigation. Even so, a licensed Texas attorney is still needed to draft the agreed decree and file the correct paperwork with the Hays County District Court. Errors in those documents can delay finalization or require restarting the process from scratch.
At McNutt Law Firm, PLLC, we work with San Marcos couples at exactly this stage. Our family law team handles the drafting, filing, and coordination so the paperwork accurately reflects what you and your spouse have already decided. We offer free initial consultations, and our multi-attorney team means you’ll have more than a single point of contact throughout the process.
Ready to move forward? Call us at (512) 488-3612 to schedule your free consultation with an uncontested divorce attorney in San Marcos today.
Texas Filing Requirements for Hays County Divorces
Before filing, at least one spouse must have lived in Texas for six continuous months and in Hays County for at least 90 days, as required under Texas Family Code § 6.301. Once those residency thresholds are met, the petition is filed with the Hays County District Court through the District Clerk at the Hays County Government Center in San Marcos.
Texas imposes a mandatory 60-day waiting period after the petition is filed. When both spouses are in full agreement and all documentation is in order, finalization may occur as early as the 61st day. Most uncontested divorces in Texas are filed on the no-fault ground of insupportability, meaning the marriage has become insupportable due to discord or conflict of personalities with no reasonable expectation of reconciliation. Our attorneys work regularly with the Hays County District Court and know its procedures well, which can help reduce procedural delays that may push finalization past that earliest possible date.
When both parties are cooperating, the non-filing spouse doesn’t need to be formally served. Instead, they sign a notarized waiver of service after the petition is filed. Our team prepares and coordinates that document as part of the process. One thing to keep in mind: one attorney can represent only one spouse. The other spouse may review the agreed documents and seek independent advice, but the same attorney can’t represent both parties.
What the Agreed Divorce Decree Must Cover
The agreed divorce decree is the document that makes your divorce legally final and binding. It must address each marital issue before the court can approve it. Texas is a community property state, meaning property and income acquired during the marriage generally belongs to both spouses equally. The decree must specify how that property and any shared debts are divided.
If spousal maintenance is part of your agreement, the decree must reflect terms that meet Texas eligibility requirements, including duration-of-marriage thresholds and whether the requesting spouse can meet their minimum reasonable needs without support. When minor children are involved, the decree must also include a parenting plan covering conservatorship, a possession and access schedule, and child support calculated in accordance with Texas guidelines. Every term you and your spouse have agreed on must be accurately captured for the court to consider approving it.
Why San Marcos Couples Choose McNutt Law Firm, PLLC
Our firm is based in San Marcos, and our attorneys work regularly with the Hays County District Court. That familiarity with local procedures can support smoother filings and fewer surprises along the way.
We also recognize that an uncontested divorce attorney in San Marcos should be financially accessible to the couples who need one. Our approach reflects that:
- Free initial consultations: You can discuss your situation and ask questions before making any financial commitment.
- Payment plans and sliding-scale fees: We work with clients across a range of financial circumstances to make legal representation accessible.
- Spanish-language services: Our team offers legal services in Spanish, an important resource for the San Marcos community.
- Team-based representation: Multiple attorneys and staff collaborate on each matter, so you’re never dependent on a single point of contact.
Our firm holds Lead Counsel Verified status, membership in the State Bar of Texas and the Austin Bar Association, recognition from The College of the State Bar of Texas, and a 10 Best designation. On each case, we prioritize transparent communication and keeping clients in control of their own decisions.
How the Process Works with Our Firm
The process begins with a free consultation. We take time to understand your situation, confirm that both spouses are in agreement on all terms, and explain what filing involves for your specific circumstances in Hays County.
From there, our team drafts the agreed decree and all supporting documents, prepares the waiver of service for the non-filing spouse, and files the petition with the Hays County District Court. The 60-day waiting period begins on the filing date. We work to have all documentation completed so finalization can proceed promptly once that period ends, keeping you informed at each step about where things stand and what comes next. Once the judge approves the agreed decree, the divorce is final, and the decree is filed with the District Clerk.
Start with a Free Consultation
If you and your spouse have reached an agreement and are ready to move forward, McNutt Law Firm, PLLC can help you complete the process correctly and efficiently. We serve clients in San Marcos and throughout Hays County, with payment plans and sliding-scale fees so that getting the paperwork right doesn’t become a barrier.
Call us at (512) 488-3612 or reach out online to schedule your free consultation with an uncontested divorce lawyer in San Marcos.