Posted by Mary E. Ramos | Uncontested Divorce
An uncontested divorce might be a less complex and less stressful way to end your marriage, but that doesn’t mean you shouldn’t ask questions about the process. Any kind of divorce is still a major life change. Consulting an attorney about your rights and options in an uncontested divorce can be the key to your legal, financial, and personal well-being. In this article, we cover questions to ask a lawyer about uncontested divorce.
When you are ready to speak to an attorney, Ramos Law Group, PLLC, can provide you with the best answers and counsel. We have nearly a century of combined experience, and our experienced attorneys are wholly focused on helping Texas residents with family law matters. Take a look at the following questions to ask an attorney about uncontested divorce, and then give us a call to discuss your case.
Are You Eligible for an Uncontested Divorce?
In general, whether you can get an uncontested divorce boils down to jurisdiction and your ability to agree with your spouse.
Jurisdiction
The first eligibility standard you must meet to obtain an uncontested divorce is the jurisdiction standard. You cannot file for divorce in Texas unless you or your spouse has lived in the state for at least six months. And you can only file in a county where you or your spouse has lived for at least 90 days. If multiple counties have jurisdiction over your divorce, we can help you choose the county that would be most favorable to your needs.
Ability to Agree
Spouses who want an uncontested divorce must be able to agree on all divorce terms. This can be a tall order because you must agree about all details covering:
- The division of marital property and debts,
- Child support,
- Child custody, and
- Spousal maintenancep.
The above-listed matters can be complex, and a bad agreement regarding them can have a significant impact on your life. To avoid a divorce agreement that doesn’t serve you, you should ask several questions about the elements of your divorce.
What Are Your Rights in a Divorce?
Understanding your family law rights in Texas can help you pinpoint what provisions should be in your divorce agreement and where to stand your ground or make concessions with your spouse. In a typical Texas divorce, you have a right to keep your separate property, to keep a fair share of the marital property, and to have contact with your child. The amount of parenting time and property you are likely to receive in any divorce depends on factors such as:
- Your current financial situation,
- Your health,
- Your earning capacity,
- Your spouse’s current financial situation,
- Your spouse’s health,
- Your spouse’s earning capacity,
- Your child’s needs,
- Your child’s desires,
- Your ability to parent, and
- Your spouse’s ability to parent.
We can go through these factors with you one by one to help you determine if you can come to a full agreement with your spouse that protects your interests.
What Documents Will You Need for Your Divorce?
One of the best ways to determine what you should receive in your divorce is to review documents regarding the factors we listed above. Gathering this information could take a large amount of footwork. You might have to reach out to the following to obtain the information you need:
- Financial institutions,
- Hospitals and healthcare providers,
- Financial experts,
- Schools,
- Government agencies,
- Businesses, and
- Employers.
We can help you narrow your focus to the paperwork you truly need, and we can help you obtain this information in the easiest ways possible.
What Is the Procedure for an Uncontested Divorce?
There are several steps to getting an uncontested divorce, including:
- Coming to an agreement with your spouse,
- Filling out and filing court documents,
- Having your spouse served with court paperwork (unless they waive service),
- Fulfilling the 60-day waiting period, and
- Attending a short hearing to make statements to the court.
If you cannot adhere to the above process, you might have to opt for a contested divorce or wait to file. An attorney can take you through the details of the process to help you determine if you are ready to file for an uncontested divorce.
How Much Will an Uncontested Divorce Cost?
When you divorce, your marital estate is almost always going to be divided amongst the parties. There may be child support or spousal support to be paid. On top of this, you will likely have to pay legal fees and associated costs to finalize your divorce, including:
- The fee for filing your petition,
- The fee for having your spouse served (unless they waive service),
- Attorney fees, and
- Fees to obtain documents that reflect your rights.
We can negotiate with you regarding the attorney fees for your case and help you resolve your matter quickly. We can also give you an accurate estimate of what your other divorce costs will be based on your unique circumstances.
How Can an Attorney Help?
Among the questions to ask a lawyer about an uncontested divorce should be questions about how that specific attorney can help you. You want to find out:
- The level of the attorney’s experience with cases like yours,
- What the attorney would need from you to provide successful representation,
- How the attorney approaches representing their clients, and
- The attorney’s fee structure.
By asking these questions, you can gain valuable insights about whether you and the attorney would have a productive relationship. You’ll also get a clearer picture of the uncontested divorce process in Texas and what to expect from the attorney.
We Can Give You Answers Today
Ramos Law Group has top-level experience and skills to serve the Texas community in all family law matters. In fact, our founding attorney is board-certified in family law, and our legal team consistently receives top reviews from our clients. We can answer any family law question you have.
Please give us a call or contact us online if you need help.
Last Updated on July 3, 2024 by Mary E. Ramos
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