Not every divorce ends in conflict. Many dissolutions of marriage in the Houston area are settled amicably by both parties. But just because you and your spouse are getting along while you're planning a divorce doesn't mean that there isn't potential for animosity or costly oversights. An experienced divorce lawyer can work with both parties in an uncontested divorce while protecting your individual interests.
An uncontested divorce is one where truly all issues are agreed upon - which means division of property and all child-related issues. Uncontested divorces can also occur where there has been a prenuptial agreement since can impact what would be subject to division. Regardless of whether contested or uncontested, the general rule still applies that no divorce will be granted until the 61st day after filing. See Texas Family Code §6.702.
In most divorces, there is at the issue of assets and debts, but divorcing parents also usually have many concerns about the custody and care of their children. You and your spouse may approach these topics with the best intentions, but as you start to go over the details, you may realize that shared parenting plans and child support arrangements aren't as cut and dried as you previously thought. You may also disagree over what's fair with regard to the division of assets and debt.
By hiring a divorce lawyer, you not only can keep your negotiations civil and uncomplicated, but you can make sure that your good nature isn't taken advantage of.
In Texas, there is no legal requirement for either party to hire a divorce attorney. In fact, there are numerous divorces that go through the Harris, Fort Bend, and Montgomery family courts that aren't initiated by lawyers. When you hire a divorce lawyer, they work for your best interests. Similarly, your spouse's attorney will be working for theirs. If you don't also hire a lawyer, you could be entrusting your future to someone who isn't obligated to protect you.
In the state of Texas, there are advantages to having your spouse's cooperation when filing for a divorce. Here are a few:
No matter how civil your relationship is with your soon-to-be ex-spouse, there are certain matters that will have to be resolved prior to the dissolution of your marriage:
Just because your spouse agrees to a divorce, doesn't mean that they'll agree to all of your terms. Protect your interests while avoiding unnecessary conflicts with the other party. The Law Office of Scott D. Reiner, PLLC can help you outline the details of your uncontested divorce. Contact our Houston law office today to schedule an initial consultation.