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 in an uncontested divorce in Spring, Texas, and Houston, Metro Area. An uncontested divorce attorney can help you find an amicable solution.
The lawyers at the Law Office of Bryan Fagan, PLLC, will help you through the uncontested divorce process. The attorneys at the Law Office Bryan Fagan are experienced in divorce and family law. They take a common-sense approach to divorce law disputes, helping clients work through the emotions and focus on the facts. This helps 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 spouses agree to be divorced
- parental decision-making responsibilities, such as medical decisions, educational decisions, and psychological decisions 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 spouses can agree on all issues, the uncontested divorce attorney’s task involves drafting the necessary paperwork, waiting for the time period required by Texas law, proving up the divorce decree in court, and then finalizing the divorce.
In many meetings with potential clients, they often tell me they will have an Uncontested Divorce. I then ask the parties if they agree on all the above issues. I then ask if they agree on all the issues. Usually, they agree on most but not all issues. In such cases, I inform them that their divorce is not uncontested if they contest one or more issues.
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
Cost is the biggest advantage of uncontested divorce. An uncontested divorce in Spring, Texas that stays uncontested 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.
Divorcing spouses reach agreements more privately in uncontested divorce. They conduct these agreements and discussions out of court, away from the public eye, rather than in a courtroom. While the agreement gets filed with the court, the process itself remains private.
Uncontested Divorces in Texas typically conclude faster than contested divorce. IIf parties agree on all issues, they only need to prepare the necessary paperwork. Then, they wait for 60 days, the mandatory waiting period in Texas before divorcing. After this period, they can prove up the divorce in court, leading to a judge granting the divorce.
It may take longer than 60 days even if the parties 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 for an uncontested divorce attorney 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 constitutes a conflict of interest. The Texas Ethical Rules for lawyers presume that spouses in a divorce have differing interests, prohibiting lawyers from representing both parties. Therefore, the uncontested divorce attorney must represent only one spouse. If you and your spouse were to meet with Spring, Texas Divorce Lawyers at the Law Office of Bryan Fagan, PLLC, one of the first questions they will ask is which one of you will be the client.
The Uncontested Divorce Process
Once divorcing spouses have agreed on all issues, a spouse contacts the Law Office of Bryan Fagan, PLLC, and signs a divorce contract. The lawyer drafts an Original Petition of Divorce then files it with the Court. The non-filing spouse must sign a waiver in the presence of a notary public and file it with the Court.
The spouses must cooperate to provide all necessary information for the divorce agreements at the Law Office of Bryan Fagan, PLLC. They then prepare an Agreed Final Decree of Divorce, which both spouses sign. They present to the Court this Agreed Final Decree to the Court for approval.
This occurs 61 days after filing the Original Petition. The attorneys at the Law Office of Bryan Fagan, PLLC and the filing spouse select this date for convenience. This process, known as a “prove up,” involves presenting the Agreed Final Decree of Divorce and other supporting documents to the Court. 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 will the Uncontested Divorce Process not work for you?
If you and your spouse have any disagreements about your divorce, this process won’t be effective. Similarly, if you’re unaware of your assets or debts and your spouse refuses to disclose this information to you and the Law Office of Bryan Fagan, PLLC, this method won’t be suitable for dividing up property and debts. Additionally, if either you or your spouse intends to file for divorce on grounds other than ‘insupportability’, like cruelty or adultery, then your case doesn’t fit the uncontested divorce process.
Experienced Divorce and Family Law Representation
After the first step in the uncontested divorce process takes place, which means spouses reached 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 will then review the terms of your agreement and help you draft the necessary documents to ensure your agreement is legally enforceable.
Our uncontested divorce attorneys will guide you through all steps of the uncontested divorce, including issues related to property division, child custody, child support, and alimony.
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Other Articles you may be interested in:
- Navigating Texas Uncontested Divorce Forms
- The Simplified Process for an Uncontested Divorce in Texas
- Contested vs Uncontested Divorce: What’s the Difference?
- An Explanation of the Grounds for Divorce in Texas
- Is Adultery a Crime in Texas?
- Can I sue my spouse’s mistress in Texas?
- How to do Your Own Uncontested Divorce in Texas
- 6 things You Need to Know Before You File for Divorce in Texas
- The Dirty Trick of Hiding Assets During Your Texas Divorce
- The Dirty Trick of Engaging in Spousal Starving During a Texas Divorce
- Know How Property and Debts are Divided, When Preparing for Your Texas Divorce
- How Much Will My Texas Divorce Cost?
Frequently Asked Questions
What is the average retainer fee for a divorce lawyer in Texas?
The average retainer fee for a divorce lawyer in Texas can vary depending on various factors, such as the complexity of the case and the experience of the attorney. On average, it could range from $2,500 to $5,000.
How much does a typical divorce cost in Texas?
The cost of a typical divorce in Texas can also vary based on the specific circumstances. On average, it may cost around $15,000 to $20,000, including attorney fees, court costs, and other related expenses.
What is the cheapest way to get a divorce in Texas?
The cheapest way to get a divorce in Texas is through an uncontested divorce. If both spouses can reach agreements on all divorce-related issues, it can save time and money compared to a contested divorce that goes to trial.
What is the average hourly rate for a divorce attorney in Texas?
The average hourly rate for a divorce attorney in Texas can range from $200 to $350 per hour. However, rates may vary depending on the attorney’s experience, reputation, and the complexity of the case.
Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.
A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, 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.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
