HOUSTON DIVORCE LAWYER

7 Reasons you need a lawyer even if your divorce is “uncontested”.

1. Accurate Drafting of Legal Documents

• Divorce requires the preparation and filing of legally binding documents, including the petition, final decree, and, if applicable, child custody and property division agreements. An attorney ensures these documents comply with Texas law and are free from errors that could delay or jeopardize your divorce.

2. Compliance with Texas Law

• Texas has specific rules and procedures for divorce, including waiting periods, jurisdictional requirements, and legal standards for dividing community property and addressing child-related issues. An attorney ensures that your agreement aligns with these legal standards to avoid issues with court approval.

3. Protecting Your Rights

• Even when both parties are amicable, it’s crucial to understand your legal rights regarding property, debts, spousal support, and parental responsibilities. An attorney ensures your agreement is fair and does not inadvertently waive important rights or claims.

4. Addressing Complex Issues

• Seemingly straightforward divorces may involve complexities such as:
  • Division of retirement accounts or business interests.
  • Future enforcements or modifications of custody or support. An attorney can identify and address these issues proactively.

5. Avoiding Future Disputes

• An attorney can draft clear and enforceable agreements, reducing the likelihood of misunderstandings or disputes later. This is especially important for parenting plans, visitation schedules, and financial arrangements.

6. Navigating Court Procedures

• Even in uncontested divorces, parties must comply with court filing procedures and attend hearings, if required. An attorney ensures these steps are completed efficiently, helping you avoid costly delays or rejections.

7. Objective Advice During an Emotional Time

• Divorce, even when amicable, is emotionally challenging. An attorney provides objective guidance to help you make sound decisions during this difficult time.

While an uncontested divorce may seem straightforward, the legal complexities and long-term implications make hiring an attorney a wise investment. By ensuring your divorce is handled correctly, an attorney provides peace of mind and protects your future.

Every divorce is different. An uncontested divorce, where both parties agree to terms from the outset, can be settled in as little as a few months. If your situation is more complicated, the process will take longer.

At Dodson Law Firm, PLLC , our legal team utilizes mediation negotiations and technology to help you cut down on the time and money it takes to get divorced.

By law, Texas courts cannot finalize a divorce or issue a Final Decree of Divorce sooner than 60 days from the date the petition for divorce is filed. So regardless of how much agreement to terms transpires, you will have to wait a minimum of 60 days for a Final Decree of Divorce to be granted.

Uncontested divorce: You and your spouse agree on all the terms of your divorce: property, child custody, assets, support, and more. This is a straightforward process. Uncontested divorces often bypass court appearances all together. Your settlement and final divorce will need to be approved by a judge, but that’s usually a relatively quick process which may not require you to appear in court. Though it’s never easy, an uncontested divorce is simpler, saving you considerable time, money and aggravation.

Contested divorce: You and your spouse don’t agree on important issues such as property disbursement, custody arrangements, division of assets, etc. This is what people traditionally think of when they think of a divorce—a couple on opposite sides of a court case with a judge deciding who gets what and how. Even in a contested divorce, you can try to settle or come to amicable terms before a trial, but it tends to be a longer and more time-consuming process.

In an uncontested divorce, typically only the person who filed for divorce will need to appear. The person who does not appear will need to sign and have notarized a Waiver of Citation allowing for the court to proceed in their absence.

Divorce requires the preparation and filing of legally binding documents, including the petition for divorce, the final decree, and, if applicable, child custody and property division agreements. In most cases, specific language promulgated by the Texas Legislature is required to make an agreement both effective and enforceable. An attorney familiar with the Texas statutory requirements and the requirements of individual counties, courts, and judges can save you a lot of time and potential delays by getting your paperwork right from the beginning.

In Texas, handling matters involving minor children in an uncontested divorce involves creating agreements related to custody, visitation, and child support that comply with state laws and serve the best interests of the child. When both parties agree on these matters, the divorce process is generally faster and less contentious.

Here’s how partners typically handle children in an uncontested divorce in Texas:

1. Parental Agreement on Key Issues

Parents must come to a mutual agreement on the following:

1. Conservatorship (Custody):
   • In Texas, “custody” is referred to as conservatorship and involves:
     • Joint Managing Conservatorship: Both parents share rights and duties (common in Texas if it’s in the child’s best interest).
     • Sole Managing Conservatorship: One parent has the exclusive right to make certain decisions if joint conservatorship isn’t suitable.
   • The agreement should specify which parent will have the right to determine the child’s primary residence (the “custodial parent”).
2. Possession and Access (Visitation):
   • Texas law provides a Standard Possession Order (SPO) as a guideline for visitation. Parents can use this or create a customized schedule that works for their family.
   • The agreement must outline the visitation schedule, including weekends, holidays, and school vacations.
3. Child Support:
   • Child support is calculated using Texas guidelines, typically a percentage of the noncustodial parent’s net income:
     • 20% for one child, 25% for two children, 30% for three children, etc.
   • Parents must agree on the amount and payment schedule. If the agreed-upon amount deviates from the state guidelines, the court must find it reasonable and in the child’s best interest.
4. Health Insurance and Medical Costs:
   • The agreement must address who will provide health insurance and how medical expenses not covered by insurance will be shared.

2. Drafting the Parenting Plan

• A Parenting Plan is typically required in Texas divorces involving children. This document outlines the agreements on conservatorship, possession and access, and child support.
• Parents can work with their attorneys or a mediator to draft the plan, ensuring it complies with Texas laws.

3. Submitting the Agreement to the Court

• In an uncontested divorce, the parenting plan must be submitted to the court for approval. The judge will review it to ensure:
  • It serves the best interests of the child.
  • It adheres to the Texas Family Code requirements.

4. Finalizing the Divorce

• After approving the parenting plan, the court will include the information in the Final Decree of Divorce.
• Both parties must follow the terms of the decree. Failure to comply can result in legal consequences.

5. Optional Mediation

If minor disagreements arise, mediation can help parents reach a resolution without resorting to litigation.

Tips for a Smooth Process

1. Focus on the Child’s Best Interests: The court prioritizes the child’s welfare, so agreements should reflect this.
2. Use Standard Guidelines When Appropriate: If both parents are unsure how to proceed, the Standard Possession Order and child support guidelines provide a good starting point.
3. Communicate Clearly: Open communication helps avoid misunderstandings and ensures both parents feel heard.

By agreeing on these issues and working collaboratively, parents can handle children-related matters in an uncontested divorce efficiently, minimizing stress and promoting a stable environment for the child.

The Dodson Law Firm, PLLC can assist you in obtaining your uncontested divorce by walking you through the process, assisting you in the gathering, preparing, and presenting of the appropriate documentation to the court and in getting your uncontested divorce “proved up” and entered by the court. And –  in most cases – your uncontested divorce can be finalized without the necessity of appearing in court.