Uncontested Divorce in Texas
Divorce in many people’s minds involves yelling, fighting, name calling, crying, and long drawn out courtroom battles. This does not have to be the case. Uncontested divorce can be an amicable solution in Spring, Texas and people living in the Houston, Metro Area.
The Lawyers at the Law Office of Bryan Fagan, will help you through the uncontested divorce process. The attorney’s at the Law Office Bryan Fagan are experienced in divorce and family law. Our Lawyers take a common-sense approach to divorce law disputes, helping our clients work through the emotions and focus on the facts. This helps his clients avoid long and costly courtroom battles.
What is an uncontested in Spring, Texas Divorce?
In uncontested divorce in Texas both spouses have reached an agreement on all divorce issues which include:
- Both spouse agree to be divorced
- Parental decision making responsibility for thing such as medical decisions, educational decision, psychological decision for the children, etc.
- parental visitation
- the amount and duration of child support
- the amount and duration of any spousal support (alimony)
- the division of property, and debts.
If spouse are able to reach an agreement all issues then it is a matter of drafting the necessary paperwork, waiting the required time period according to Texas law, proving up the divorce decree in Court and then the parties are divorced.
In many of my potential client meetings I am told that it is going to be an Uncontested Divorce. I then ask the parties if they agree on all the above issues. More often than not I am told yes except for this issue or that issue. I then have to inform that potential client that it is not an uncontested divorce because there is one or more issue that is contested.
For example if your spouse is not even willing to sign a waiver of service saying that they have received a copy of the Petition for Divorce (document asking the Divorce Court to grant a Divorce) then it is not an uncontested divorce. In an Uncontested Divorce both spouses need to cooperate in all aspects of getting a divorce.
Advantages of Uncontested Divorce
The biggest advantage of uncontested divorce is cost. An uncontested divorce in Spring, Texas that stays uncontested divorce is almost always the least expensive way of getting divorced.
Lower cost is not, the only advantage of an uncontested divorce in Spring, TX. Uncontested divorce also helps to minimize conflict between divorcing spouses.
Uncontested divorce is more private. The agreements that are reached by divorcing spouses take place in private. The agreement will be filed with the court but the process itself and discussions take place out of court and are not in front of the public in a Courtroom.
Uncontested Divorces in Texas are usually quicker then contested Divorce. If the parties agree on all issues then it is just a matter of preparing the necessary paperwork. Then waiting 60 days which is required waiting period in Texas before spouses can divorce. After 60 days the divorce can be proved up in Court and then a Judge will grant the divorce.
It may take longer than 60 days even if the parties are agreed depending upon the amount of property involved and the customization that the parties want in their divorce decree. An example would be if the parties wanted a specialized visitation schedule for a spouse who has an usual work schedule such as someone in the military or an airline pilot this may take more time to draft than the regular Texas Standard Possession Order.
Can we use the same lawyer?
A divorce lawyer can only represent one spouse in a divorce in Texas. In Texas representing more than one spouse is considered a conflict of interest. This is because under the Texas Ethical Rules for lawyers it is presumed that spouses in a divorce have different interests. The Texas ethical rules for lawyers prevent lawyers from representing both parties. The lawyer must represent one of you and not the other. If you and your spouse were to meet with one of the Spring, Texas Divorce Lawyers at the Law Office of Bryan Fagan one of the first questions you would be asked is which of you is to be the client and which of you is not.
The Uncontested Divorce Process
Once divorcing spouses have agreed on all issues, one spouse contacts the Law Office of Bryan Fagan and signs a divorce contract. An Original Petition of Divorce is then drafted and filed with the Court. The non-filing spouse must sign a waiver before a notary public. This waiver must then be filed with the Court.
The spouses must then cooperate to provide all necessary information about the agreements in the divorce the Law Office of Bryan Fagan. An Agreed Final Decree of Divorce is then prepared. Both spouses then sign the Agreed Final Decree of the divorce. The Agreed Final Decree of Divorced is then presented to the Court for approval.
This takes place after 61 days from the time the Original Petition was filed. This date is usually selected by the attorneys at the Law Office of Bryan Fagan and the filing spouse on a date that is convenient for both. This process is referred to as a “prove up”. The Agreed Final Decree of Divorce, as well as other supporting documents, is presented to the Court at this time. The Lawyers at the Law Office of Bryan Fagan asks the party questions about the divorce, the judge listens to the answers, reviews the documents, and then grants the Divorce.
When the Uncontested Divorce Process will not Work for You?
If you and your spouse disagree about any issue in your divorce then this process will not work for you. If you do not know what assets or debts you and your spouse have and your spouse will not disclose information to you and the Law Office of Bryan Fagan to aid in dividing up property and debts then this process will not work for you. If You or your spouse wants to file on grounds other than insuportability such as cruelty or adultery then your case is not suitable for the uncontested divorce process.
Experienced Divorce and Family Law Representation
After the first step in the uncontested divorce process takes place involving spouses reaching an agreement on all of the issues in their divorce it is time to move on to the next step.
Our experienced Spring Texas divorce lawyers then review the terms of your agreement and then help you draft the necessary documents to ensure your agreement is legally enforceable.
Our lawyers will guide you through all steps of the uncontested divorce, including issues related to property division, child custody, child support, and alimony.
Law Office of Bryan Fagan | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.