Getting divorced is always painful, but it does not need to be messy or bitter. Sometimes when spouses decide to divorce, they agree on all the main aspects of dissolving the marriage. This often allows for a much smoother, affordable, and faster legal separation process.
If you and your spouse have no minor children and limited marital property, you could seek an uncontested divorce. If you do not meet those conditions but are on the same page with your spouse about dividing your marital property, alimony, and issues regarding your children, you are candidates for an agreed divorce.
Although an uncontested divorce can be more straightforward than a contested divorce, legal pitfalls could cause unforeseen problems. Working with an uncontested divorce lawyer in The Colony could help ensure you avoid legal hassles, and your divorce proceedings resolve quickly and smoothly. Contact our firm today to discuss your unique situation with a seasoned divorce attorney.
All couples seeking a divorce in The Colony must meet residency requirements. One of the spouses must have lived in Texas for at least six months prior to a divorce filing and must have lived in Denton County for at least 90 days. Either spouse could file the divorce petition if one spouse meets the residency requirements.
One spouse could file a petition for an uncontested divorce if the couple has no minor children or real property to divide. The spouse who files must affirm that the couple owns no real property, has no minor children together, the wife is not pregnant, nor did she have a child with another man during the marriage.
If the couple does not qualify for an uncontested divorce because they have minor children, own real estate, or for another reason, they could seek an agreed divorce. When a spouse files the divorce petition, they affirm that they believe the spouses agree about all relevant issues. If someone has further questions about this process, or whether they may qualify to pursue an uncontested divorce, they should reach out to an attorney serving The Colony.
Once one of the spouses has filed the divorce petition, Texas Family Code §6.702 requires a 60-day waiting period before a judge grants a divorce. In theory, the couple could go to the divorce hearing and receive their final decree on the 61st day. While they wait, the couple must prepare the decree for the judge’s signature.
The final decree of divorce is a court order that settles all the issues a divorce must resolve. An attorney in The Colony could help a couple prepare the property division agreement and parenting plan they will submit to the court as part of their uncontested divorce decree. The judge will review the documents and approve them if they meet legal requirements, and the parenting plan serves the children’s best interests.
If both spouses have signed the divorce decree and the court approves the couple’s agreements, the judge will sign the decree and issue it as an enforceable court order. The couple will be divorced when the judge signs the decree.
Sometimes couples try to handle their divorce independently and do not work with an attorney. While it is possible for a couple could get divorced without legal guidance, enlisting the help of a professional could save time and money in the long run.
If the couple has children, a judge must determine whether the parenting plan the couple created meets the children’s best interests. Parents sometimes assume that a plan that works for them meets the best interests of their children, but that is not necessarily true. An uncontested divorce attorney in The Colony understands what a judge must consider when determining the children’s best interest and could draft a parenting plan that is likely to meet with court approval.
Using an attorney could be beneficial when there is a history of family violence, or an order of protection is pending or in place. The legal professional could manage communication between the spouses, arrange to secure both parties’ signatures on the divorce decree, and handle filing the paperwork with the court. When domestic violence is an issue, courts might waive the 60-day waiting period before issuing a divorce.
If you and your spouse agree to legally separate and have no outstanding issues between you, divorce could be a relatively quick and straightforward process. However, procedural roadblocks, delays, and legal complications could arise if you do not enlist the help of an experienced attorney.
An uncontested divorce lawyer in The Colony could help you navigate your uncontested or agreed divorce. Contact our firm today to get started.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.