Considering a divorce means weighing your options. Then, make a decision that is in your best interests and that of your family. When it comes to issues in a divorce many can potentially make your life and your divorce more difficult. Divorce cases are unique in the law. They involve both financial and familial elements. As a result, expect that you may run into a handful of issues that are complex and difficult for you and your spouse to work through. This is to be expected in a divorce.
However, that does not mean you and your spouse can’t work through these complex subjects. The spouses who have the most success in a divorce take the time necessary to negotiate their way through these topics. From there, you give yourselves the best opportunity for an equitable settlement for your case. This goes back to one of the most significant misnomers about divorce in Texas. Namely that most divorces end up in the courtroom.
In today’s blog post from the Law Office of Bryan Fagan, we are going to be discussing the topic of choosing an uncontested divorce. There are many aspects of a divorce that are out of your control. However, an uncontested divorce is almost completely in the hands of you and your spouse. The reason is that the two of you can choose to resolve your case by negotiation rather than taking your case to court.
What is an uncontested divorce?
Before we go any further in today’s blog post let’s define the most important term. An uncontested divorce is a divorce where there are no outstanding issues at the time of your divorce filing. This means that at the beginning of your case, you and your spouse would have worked through all the major issues involved in the divorce case. This is true in both related to child custody and community property-related matters.
Uncontested divorces do not happen by accident. Usually, there will be some degree of disagreement between you and your spouse on the key issues in your case. After all, the two of you would not be going through a divorce if you agreed on every subject under the sun. However, what happens in an uncontested divorce is that you and your spouse take control of your case by being intentional about how you negotiate. This means having a plan and focusing on the goals that you have for your case.
Begin by thinking about what you seek to accomplish in your case. If a divorce case that is settled as early as possible is one of those goals, then contemplating how to accomplish that goal would be a logical next step. An uncontested divorce involves settling all relevant topics. It does not mean settling most or close to all the important topics in your case. Rather, you and your spouse need to hit the ground running when it comes to negotiation. One of the most difficult aspects of a divorce is figuring out how to be productive in conversation with a person that you disagree with. How can you go about setting the tone when it comes to negotiation?
Negotiating effectively with your spouse
The troublesome part of the divorce is that it is easy to become sidetracked. You and your spouse have a lengthy history together. Oftentimes you two would have had children together, made major financial decisions, and committed your lives to one another. That you are going through a divorce at this stage may be extremely troubling to you. This doesn’t even get into the religious and spiritual aspects of a divorce which may be relevant to your life.
However, the irony is that your spouse is also the key to unlocking a more straightforward and conflict-free process. You would need to be able to work together to resolve your issues in a way that is based on negotiation rather than arguments. It may feel better in the moment to argue with your spouse. The two of you may have legitimate disagreements over important subjects. Nobody is disputing this.
At the end of the day, placing the goal of an uncontested divorce over any disagreement the two of you may be having is what will determine the outcome of your case. By far, the easier path for your case to take is to go down the path toward litigation in the courtroom. Most divorces in Texas are not uncontested divorces. This means that when it comes to topics related to your case you would expect your case to not be settled before it begins. This is both the challenge and the opportunity that you and your spouse have in your case. To be different than most and to create your path toward success in a divorce.
Talking to your spouse before the divorce is filed
One of the key points to understanding whether you have an uncontested divorce is to speak to your spouse before the case. This goes against many of our instincts about an issue like the divorce. We may be more inclined to file a divorce secretly. Leaving the house with our belongings and staying with a relative would be more in line with what would be easier for us to do. However, this is not the best way to achieve an uncontested divorce.
Rather, walking into a divorce and discovering that your divorce is uncontested would be extremely rare. It would be more sensible to try and talk through these issues before filing the divorce. This way you would have a more concrete idea of whether your divorce is uncontested, or not. It would be a major assumption to make that your divorce was uncontested. Most divorce cases are contested. As a result, it is not a given that yours will be uncontested. That will require the two of you to work through your problems together.
An uncontested divorce does not mean that there were no bumps in the road to get to that point. It also does not mean that you and your spouse did not have to negotiate. As a result, do not be discouraged if you and your spouse do not agree on every issue in the case immediately. The two of you should give yourselves some time to talk through these issues together. When you have done so you will have a much better idea of whether yours is a contested or uncontested divorce.
Waiver of service
After discussing the relevant issues in your case, you and your spouse may determine that yours truly is an uncontested divorce. In that situation, you would need to figure out how to begin the case. Filing an Original Petition for Divorce is still necessary even in an uncontested divorce. The Original Petition for Divorce introduces the court to you, your spouse, and any minor children you both have. Additionally, the petition asks the court for specific relief in the case. This is the initial filing in the divorce case.
When you have an uncontested divorce on your hands the next step in the process is up to you. In a typical, contested divorce a citation is created which is served personally upon your spouse. Personal service is when you hire a private process server or constable to pick up your divorce documents from the courthouse. From there, he or she would physically hand them to your spouse. At that point, your spouse has been provided notice of the divorce having been filed.
However, in an uncontested divorce personal service may not be necessary. Instead, your spouse may be agreeable to signing a waiver of service. A waiver of service is a legal document that takes the place of being personally served. Your spouse signs the waiver of service in front of a notary. He or she agrees to having knowledge of the divorce and waiving their right to personal service. Once the waiver is signed and filed with the court your divorce has begun in earnest.
Do you need an attorney for your uncontested divorce?
A relevant question to ask yourself is whether an attorney is needed for an uncontested divorce. In many ways, the role of an attorney is to help facilitate settlement negotiations between the parties. If you and your spouse have already settled on the issues of your case then your instinct may be to say that you do not need an attorney at this point.
Your divorce still retains many elements of a contested divorce even if yours is uncontested. For one, your settlement agreements need to be put into writing. Specifically, an agreed order needs to be drafted. In a divorce, the final orders of a case are known as the “Final Decree of Divorce.” This document is not one where you can simply copy and paste the terms of your settlement agreement into the Final Decree. Rather, the settlement terms need to be rewritten in a way that is concise and written in the form of a court order.
The judge in your case reviews the Final Decree of Divorce at a prove-up hearing. If there is an issue with the orders, then you can expect a couple of things. For one, your divorce will not wrap up on the date of the proof hearing. Your judge will review the court order and send you back home to re-write it or make certain corrections. Another likely outcome will be that you and your spouse may start to disagree about how a certain term is drafted into your orders.
Working with an attorney in an uncontested divorce
With all of this in mind, it is important to be aware that an uncontested divorce can turn into a contested divorce quickly. Just because your divorce was uncontested at one point does not mean that it must remain that way. Your case may begin as uncontested. Then, once the case is underway, additional issues may arise or come to your attorney. At that point what had been uncontested may shift to contested. This is not the outcome anyone wants.
An attorney can help you to do several things in an uncontested divorce. For one, an attorney makes sure that you have thought through the entirety of the case. Missing issues in a divorce is not good. Negotiating upon all the relevant subjects in your case is the position which you want to be in. At that point, you can have peace of mind that your case is settled. Family law attorneys know the issues which are relevant under the law. After that, you work with your attorney to inform him of the issues which are relevant to your case.
The attorneys with the Law Office of Bryan Fagan offer flexible representation arrangements for clients. Contact us today about the different options we have for you and your family. Whether yours is an uncontested or contested divorce we know what it takes to help you accomplish your goals. Do not take for granted the opportunities presented to you in a divorce. Having an attorney from our office by your side maximizes your chances of taking advantage of those different opportunities.
Uncontested divorces and their impact on children
When it comes to the benefits of an uncontested divorce on your children, there are potentially many. Children thrive on stability and consistency. Divorce throws a wrench into any plans you may have to provide your child with consistency or stability. However, an uncontested divorce offers you the opportunity to create greater stability in the life of your child. This is accomplished through decreasing acrimony as well as the length of your divorce.Uncontested divorces tend to be shorter than contested cases. With less at issue in a case, you have less to negotiate.
Another factor to consider in a child custody case within the divorce is the emotional impact of the case on your child. Children tend to internalize major changes in their lives. The result could be that your child blames him or herself for the divorce. Your child is not the cause of the divorce. However, that may end up being the result of you and your spouse divorcing. An uncontested divorce tends to be less emotionally demanding for all persons involved in the case. That includes your child. By being able to work through the divorce amicably you may be able to save your children a great deal of stress.
Finally, parents who are better equipped to work together on issues related to parenting are more effective caregivers. Consider that your child is going to grow up in two households. By making a concerted effort with your spouse to coordinate on matters related to your children you are necessarily improving his or her life. Try and commit to working out a positive communication regimen with your spouse. The greater effort you can make now will benefit your child a great deal in the future.
Uncontested divorces and their impact on property division
The other major area of divorce relates to property division. Dividing property in a divorce is oftentimes a contentious subject. You and your spouse may disagree on the best method to divide property. Additionally, the two of you may have significant disagreements regarding what property should be divided at all. There are some divorces where the parties spend more money on the divorce than their community estate is worth in total. This is an extremely inefficient use of your time. Not only that, it can be draining from an emotional perspective.
The more you and your spouse can work together on issues related to property division the better off everyone tends to be. Nobody knows the circumstances of your case better than you and your spouse. Therefore, if the two of you can set aside your differences and work in earnest on dividing up your property you will be able to create the groundwork necessary for an uncontested divorce.
Even if your divorce is only partially agreed to, the work you have done in negotiating the case will have laid a foundation for future negotiations. Again, do not feel bad or defeated if your divorce does not end up being uncontested. Most divorces are not uncontested. However, many divorces do settle outside of court. This can still be your outcome and the future of your case. All it takes is a concerted effort and intentionality while negotiating.
Interested in an uncontested divorce? Contact the Law Office of Bryan Fagan
If you have an interest in an uncontested divorce, please do not hesitate to contact the Law Office of Bryan Fagan. Our experienced family law attorneys know how to serve spouses like yourself who have an interest in negotiating their way through a divorce.
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
