Divorce is not easy. It can be emotionally draining and sad to see a marriage come to an end. Even if the relationship hasn’t worked for some time, it is still hard to face that final step and dissolve the union that you created with someone else. But the truth is, some divorces are more difficult than others.
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On the divorce spectrum, an uncontested divorce is probably one of the easiest of the various methods of terminating a marriage. If you are considering a divorce in Collin County and believe it will be uncontested, here’s what you need to know.
An uncontested divorce is either a default or an agreed divorce. Basically, it means that the two parties are in divorce settlement on the terms and what they want to happen in the divorce. They agree on issues related to the children, property division, and other things that often come up with a married couple decides to go their separate ways. Most of the time, an uncontested divorce is a faster and easier process than a contested divorce.
You don't have to have a lawyer who practices family law, but it helps, especially if they have extensive experience in family law.
Are an Agreed Divorce and a Default Divorce the Same as an Uncontested Divorce?
An uncontested is either a default or an agreed divorce. These two types of divorces are similar but do have some differences that make them distinctive.
Chapter 6 of Title 1 Subtitle C Dissolution of Marriage under the Texas State Family Code provides the framework for divorce in Texas. There are several parts to this:
This law also covers other aspects of the divorce process, such as the division of debts and assets as well as issues relating to children and the divorce settlement.
The divorce process in Texas, according to Texas Family Code, is straightforward. There are several steps to take:
Once a spouse is served their divorce papers and they agree to all the terms, they can either show up on the court date to finalize or let their attorney handle it, so they don’t have to appear in court. This can take several business days to complete.
An uncontested divorce in Collin County can be very easy. As long as both agree, it is just a matter of filing the proper paperwork with the court. An experienced attorney can help you prepare and make sure that all your bases are covered.
Most divorces in Texas take anywhere from six months to twelve months, but they are usually contested divorces or uncontested divorces that hit a snag and have issues. The average uncontested divorces, done correctly can take two or three months. This is why it is important to have a good attorney to help you complete all the necessary steps so you can get through your divorce quickly and easily.
There are several forms needed for a Texas divorce. Some of these forms only pertain to certain situations, so all forms will not be used by everyone.
In some cases, the parties to an uncontested divorce do not have to appear in court. Other times they may only need to appear one time in a final hearing. The only way this can occur is for the divorce to be completely uncontested, and both are in full agreement. The best way to avoid any time in court is for both to have legal representation. Often the attorneys can appear on the spouses' behalf.
What is Divorce Court Like in Collin County?
If an appearance is required and both parties are in full agreement, the hearing is usually just a matter of standing in front of the judge and answering a couple of questions. Many times, though, a court appearance is not even necessary.
Both parties agree on everything in an uncontested divorce. In a contested divorce, one or both spouses do not agree on at least one issue, usually several. The most common areas of disagreement are division of property, child custody and support, and alimony.
An uncontested divorce is usually far less expensive than a contested divorce. The more clients do on their own, such as completing paperwork and filing the necessary documents with the court, the less expensive it is. If your financial situation is strained, this may be a good option.
Some of the more common expenses that one or both spouses must pay include:
If both parties can agree on all the matters involving their children, then the judge will likely just look over the parenting plan to ensure that the best interests of the child are being met and that it complies with Texas law. If it does, then the court will have little involvement in the arrangement.
Some of the areas that are covered regarding children include:
Texas law actually favors alimony agreements that are made through private contracts over spousal support that is ordered by the court. This means that a person can get spousal support because the spouse agree was determined outside of the court and not included in the divorce documents. Typically, one or both spouses’ attorneys will work to create an agreement that works for both.
If both attorneys can draw up the agreement for property and asset division and both sign it, it does not affect the proceedings.
If there are disputes in then it is not an uncontested divorce. It is a contested divorce and will be handled as such. If the divorce is still in the negotiation phase, they may request mediation, or their attorneys can negotiate terms that both can live with.
You may also look for a law firm that offers mediation. They will work with their clients to come to an agreement and avoid litigation or extending the divorce process.
Many people do opt for a pro se divorce when it is uncontested. This can work, but most of the time, they each should have an attorney to at least review their documents and ensure that everything is completed correctly. In some cases, you may even be able to get an online divorce.
Having an experienced divorce attorney can make the difference between a year-long process and an uncontested divorce that only takes a few months to finalize. Your attorney can also make sure that your rights are protected and that you get all that you deserve in the divorce.
Contact our law office to schedule your free consultation. We serve Collin County, Denton County, Tarrant County, and the surrounding areas. Our customer care center is ready to help you schedule your appointment today to check eligibility to file an uncontested divorce.
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