Although not a possibility for every couple, uncontested divorces cause far less hassle and are settled much more quickly than contested divorces. If you are in the beginning stages of divorce and think you may benefit from an uncontested divorce in Texas, run your case by a local divorce attorney to discuss the particulars and begin drawing up the necessary paperwork.
What is an uncontested divorce?
An uncontested divorce is one in which either:
- both spouses agree on the main issues surrounding divorce (custody, support, and property); or
- the respondent spouse doesn’t file an answer after having been served with divorce papers.
When spouses can’t agree on the issues and the courts must decide upon the details, it’s referred to as a contested divorce. Depending upon the issues at stake and each spouse’s willingness to compromise, contested divorces can drag on for months and sometimes years, whereas uncontested divorces can be settled briefly in a couple of months.
Uncontested Divorces Mean Less Headache
Contested divorces take far longer, incur more legal fees, and cause a lot more stress for the spouses involved. If you think it may be possible that you and your spouse can arrive at workable solutions for the both of you, you can consult an attorney to work out the details.
In order to qualify for a simple, uncontested divorce, you and your spouse will have to agree upon:
- how to handle custody, visitation, and other child-rearing issues;
- child support;
- the amount and duration of spousal support; and
- how to divide all of your marital assets and debts.
If you agree about most issues but are having trouble coming up with practical solutions, a mediator can usually be of assistance. Your attorney will be able to refer you to one. Mediation incurs a fee, but it’s still far less expensive than having to go to trial for a contested divorce.
Hiring an Attorney to Handle Your Divorce
While uncontested divorces are more streamlined and easier than disputed cases, it’s still advisable to consult an attorney to help you through the process. An attorney can be of great assistance to your case in several ways, such as:
- explaining the legal process and ensuring you follow proper legal procedures;
- drawing up a settlement agreement in the correct format and with the legal terminology that’s required by law;
- ensuring you aren’t accidently forfeiting rights and that you’re acting in your and your children’s best interest;
- drawing up mutually agreed-upon solutions for you and your spouse;
- drawing up complicated documents such as a parenting plan and a QDRO;
- filing the necessary documentation with the courts, the child support agency, and any other pertinent agencies or entities;
- providing legal counsel when you have questions; and
- preparing to go to trial (if that does indeed happen).
For a Divorce Lawyer, Call Warren & Migliaccio in Dallas
To begin working on your divorce, or to ask questions regarding the legal process of divorce, contact our divorce attorneys at Warren & Migliaccio. We serve clients in Dallas and surrounding areas. Call us today at (888) 584-9614 for a free, no-obligation consultation.