The attorneys with the Law Office of Bryan Fagan help clients across southeast Texas with divorces that do not involve going to court or multiple year disputes over property.
These types of divorces are known as uncontested divorces- situations where the parties to a divorce have already come to agreement on all issues of their case and just need a lawyer to type the agreements up into an order that a judge will be able to sign.
Uncontested divorces work well for people who want to avoid spending a lot of money on their legal matter and would prefer to allocate their time and energy to their families. Despite what TV, movies or your neighbor may tell you divorces do not have to be expensive.
Those same sources of information may tell you also that family law attorneys want to delay your case’s conclusion just to run up the bill. This too is false- attorneys are just as busy as you are and if I could help settle your case in a day or two I would take that deal and run with it.
It may seem like an uncontested divorce could be done without the assistance of a lawyer and in some cases, that may be true. However, I would like to put forth a few reasons why hiring a lawyer is a good idea even if the framework for an agreement is already in place prior to filing for the divorce.
Divorce Lawyers Can Provide Advice and Help with Drafting
As stated in the opening of this blog post, an attorney can draft the Final Decree of Divorce which contains all of the agreements that you and your spouse came to in your discussions on the case.
An attorney can also help you walk through the process of what a judge will be looking for to ensure that all of the legal requirements are met. There are certain aspects to these Decrees that only family law attorneys deal with on a day to day basis.
If you draft your decree incorrectly a judge may ask you to go home and re-write it which can cost you time away from work and family. A worse situation occurs when a judge accepts the document as is and there are mistakes which then become a court’s order upon the judge signing the Decree.
Help Make Sure What your Agreeing to is Fair or Reasonable
A family law attorney can help you review the agreement to make sure that what has been agreed to in principle will actually be fair and just in practice. In many marriages one spouse is the one who has gone out into the world and earned a living for the family while the other spouse stays at home to care for the children or just generally run the household.
There is not one role that is superior or more important than the other, but on a practical level the spouse with more legal or business experience may have the upper hand in conceiving of and arguing the case for a certain provision for the divorce.
In order to ensure that what has been agreed upon is actually fair from a legal standpoint an attorney can be consulted with to at least review the agreements and advise you if everything is appropriate.
Save you Time
Efficient use of time is the third benefit of hiring an attorney for your uncontested divorce that I would like to share with you. In many Texas counties if you are not represented by an attorney you must first check with the court staff where your divorce is assigned to schedule a final or “prove up” hearing to go before the judge and present your proposed order.
The court’s attorney will review your Order and let you know if it is in a presentable format for the judge. If it is not, you will be told to go home and make corrections so it can pass muster. By hiring a family law attorney, a person with experience and specific knowledge of divorce law will draft your Order so that you can ensure it is correct and in the format your judge needs it to be in.
In addition to saving time in drafting the Order, your attorney can work with the Court to have you present the Order in as little as sixty-one days after your divorce was filed, saving you potentially months of time compared to representing yourself.
Can I get an uncontested divorce in my situation?
What I always tell clients when they come to me saying their divorce is uncontested is that a divorce is uncontested until it’s not. Meaning- an uncontested divorce means that 100% of all issues of the divorce have been agreed to fully.
The moment that there is an issue (or even a sub-issue) that you and your spouse have not agreed to then your divorce goes from uncontested to contested. This doesn’t mean that your divorce will turn into something out of Court TV, but it does mean that a bit more leg-work will be required to resolve the case.
As a general statement, divorces where you and your spouse have no children and own no property are the most likely candidates to be uncontested. As you might have imagined, children and money are the two biggest sticking points to any divorce negotiation (by far). Removing those factors from play removes a majority of the subject matter people tend to argue over in a divorce.
Again, an attorney can help you identify where problem areas may arise and in doing so can assist you in negotiating with your spouse to resolve a small issue before it turns into a much bigger one that requires the Court to intervene and play tie-breaker.
The Law Office of Bryan Fagan- Family Law Attorneys in Spring, TX
In order to learn more about the attorneys with the Law Office of Bryan Fagan please do not hesitate to contact our office. We offer free of charge consultations six days a week and are eager to serve you and your family.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
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Law Office of Bryan Fagan | Spring Divorce Lawyer
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 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 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, 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.