A divorce can be difficult and hard to navigate, especially when it includes disputes and legal disagreements over custody or financial issues. When both parties are in complete agreement over how the family property will be divided or who will obtain custody over children, you have grounds for an uncontested divorce.
If you or someone you know is exploring the possibility of an uncontested divorce in Texas, a Pearland divorce attorney details all the key information below.
What Agreed Upon Terms Does an Uncontested Divorce Include?
In an uncontested divorce, both parties commonly agree upon several important financial and family factors.
These include:
- Property division
- Asset allocation
- Debt allocation
- Alimony
- Child custody and other child arrangements such as medical support and access
If the two spouses are in agreement and have come to a mutual resolution, they are allowed to enter a settlement. The most likely cases of amicable dissolution include couples where the marriage was very short, or where both spouses wish to remain on amicable terms for the sake of their children.
Can Disputes Be Resolved Before an Uncontested Divorce?
If you and your spouse are looking for an uncontested divorce but you still have issues to resolve, there are several alternatives you should consider.
Mediation is quite common before going to court. This involves a third-party professional that may be able to help address unresolved issues. One important advantage is that mediation is more creative and cost-effective. It also involves keeping your familial negotiations outside of court records, so it allows privacy.
For a divorce where several financial and family issues may appear, such as division of assets and property or custody of children, a collaborative divorce may be a viable solution. This entails a group effort from a few experts, including financial advisors, family law specialists and mental health experts. This may be a more expensive way to mediate and it gets used in the case of multi-income families, or families with several minor children.
What Are the First Steps to Take?
Before you file for uncontested divorce in Texas, you would need to get together with your spouse and work out an agreement on all potential financial and family issues.
This includes working out ways to divide any personal or common property, real estate. Allocating all outstanding debts acquired during the marriage is another issue you should address. Other details to be settled might be which of the spouses will pay alimony, and who will be responsible for child support, children’s health and dental insurance.
Initiating a divorce case in Texas requires submitting specific forms. The forms you’ll need vary based on your circumstances, such as whether you and your spouse have minor children and whether you are the “petitioner” (the one filing for divorce) or the “respondent” (the other spouse).
The Texas Judicial Branch offers a set of approved divorce forms, but these are only for uncontested cases where the spouses have no minor children and do not own any real property. To kick off the divorce proceedings an “original petition for divorce” is typically filed. This form will explain to the court why you are asking for a divorce, and provide information on the financial arrangements.
Several other steps are involved, such as:
- Determining If any standing orders are involved in your case. These involve preventing either of the parents from removing one or several of your children from the home or selling your common assets before the divorce proceedings start.
- Filing the paperwork. This is typically done with the court clerk of the county where you and your family have lived for the past ninety days.
- To expedite the uncontested divorce process, your spouse can sign the “Final Decree of Divorce” which outlines the terms of your agreement and must be submitted to the court to finalize the divorce.
Will You Need to Go to Court?
Under Texas law, uncontested divorces generally proceed swiftly through the system. The bulk of the work to reach an agreement on divorce terms occurs outside the courtroom.
Typically, at least one spouse must appear before the judge for a “prove up” hearing. During this hearing, the judge will ask questions to ensure both parties fully understand the implications of their decision.
Reach Out to a Pearland Divorce Lawyer Immediately!
Divorce is a significant legal action with lasting effects. Even in uncontested cases, the judge must grant the divorce and confirm that both parties are confident in their decision. The judge will also verify that both parties are signing the agreement voluntarily, without coercion.
However, all the preliminary steps that lead to an uncontested divorce should be made using an attorney. You or your spouse may be missing out on a lot of essential steps, if you choose to proceed without an attorney’s help.
At Hannah Law, our dedicated divorce attorneys will make your case an easy one. Contact us today at 844-755-8186 to schedule your initial consultation!
