Denton Uncontested Divorce Lawyer
A divorce doesn’t have to be a long, emotionally draining process filled with arguments and expensive legal bills. If couples can agree on issues during a divorce, they can save a lot of money, time, and emotional stress. Though an uncontested divorce may seem like an easier option, hiring a professional attorney is still important. While some advocate for handling an uncontested divorce yourself, this approach may end up costing more in the long run. Even in an uncontested divorce, you can benefit significantly from hiring a Denton uncontested divorce lawyer.
In Texas, an uncontested divorce is one where both spouses agree on all terms of the divorce, including division of property, child custody, and support arrangements. Here is an overview of the key aspects of Texas laws regarding uncontested divorce:
Residency Requirements
Residency Duration: At least one spouse must have lived in Texas for at least six months prior to filing for divorce. Additionally, one spouse must have lived in the county where the divorce is filed for at least 90 days.
Filing for Divorce
- Petition for Divorce: The spouse initiating the divorce (the petitioner) must file an Original Petition for Divorce with the appropriate county court.
- Waiver of Service: In an uncontested divorce, the other spouse (the respondent) can sign a Waiver of Service, acknowledging receipt of the divorce papers and agreeing not to contest the divorce.
Waiting Period
Mandatory Waiting Period: Texas law imposes a 60-day waiting period from the date the petition is filed before a divorce can be finalized. This waiting period cannot be waived except in cases of family violence.
Agreement on Terms
- Settlement Agreement: Both spouses must agree on all terms of the divorce, including division of assets and debts, child custody and visitation, child support, and spousal support (if applicable). This agreement is usually documented in a Marital Settlement Agreement.
- Parenting Plan: If there are minor children, the spouses must create a Parenting Plan outlining custody arrangements, visitation schedules, and child support.
Finalizing the Divorce
- Final Decree of Divorce: Once the 60-day waiting period has passed, the petitioner can request a final hearing. At this hearing, the judge will review the settlement agreement and, if everything is in order, sign the Final Decree of Divorce, officially ending the marriage.
- No Court Appearance: In some counties, if everything is uncontested and paperwork is correctly filed, a court appearance may not be necessary.
Legal Assistance
Attorney Assistance: While an uncontested divorce is simpler and faster than a contested one, it is still advisable to consult with a family law attorney to ensure that all legal requirements are met and that the agreement is fair and enforceable.
An Attorney Will Provide and Prepare All Documents
DIY divorce websites may offer forms for a fee, but you are left to fill them out and submit them to the court yourself. These forms may not be regularly updated, and if your local court’s rules have changed, the forms might not reflect those updates. Legal forms can be complex and confusing, and specific language may be required for the judge to approve your agreement.
A professional Denton uncontested divorce lawyer will have all the necessary paperwork for your case, ensuring that all forms are correctly filled out and contain the required language. This means you won’t have to worry about which forms to file, how to fill them out correctly, or where to submit them.
A Denton Uncontested Divorce Lawyer Is Better Than The Court Staff
Court staff cannot assist with complex paperwork, and any errors in your final documents can prevent your case from moving forward. A professional Denton uncontested divorce lawyer can help ensure your paperwork is accurate and keep your case progressing through the legal process.
Even if you and your ex agree on the terms of your divorce, the agreement must be finalized in court to be legal. Our Denton divorce lawyer will gladly assist you. With a professional handling your paperwork and drafting the contract on your behalf, your divorce is more likely to be approved quickly, reducing the chances of future issues.
An Attorney Will Protect Your Rights
Even if you and your ex agree on your divorce, there’s no guarantee you’ll get a fair settlement. Many people have walked away from DIY divorces losing out on significant property settlements, alimony claims, and taking on marital debt that should have been divided.
An attorney won’t interfere with your agreement but will review the final copy to ensure your rights are clearly reflected in the divorce agreement.
We Can Assist With Property and Financial Issues
Dividing assets and property correctly can be challenging, especially with retirement accounts and potential tax issues. Improper execution can lead to severe consequences later in life.
Let Denton Family Law Be Your Guide!
Your divorce doesn’t need to be expensive and extensive. However, handling the case yourself could cost more money and time than hiring a professional Denton uncontested divorce lawyer. Like other life-altering events, a divorce can significantly impact your life. It’s wise to have professional legal counsel by your side to ensure you get the best possible results. Contact us today for a free consultation.