When a couple is able to reach agreement on all issues involved in a divorce, it may seem unnecessary to hire an attorney. However, even uncontested divorce can come with unforeseen complications and pitfalls, making it best to have a qualified and experienced divorce attorney overseeing arrangements.
Issues that will need to be agreed on prior to filing for an uncontested divorce include:
- Property and asset division
- Division of debt and liability
- Child custody and visitation
While agreeing on these issues eliminates the need for lengthy and contentious proceedings, there may be problems that arise when filing paperwork, meeting deadlines, and providing all necessary information to the courts that can delay or interfere with the process. Having an attorney helps ensure everything is completed fully and on time, allowing you to get on with the next chapter of your life without hiccups or unforeseen complications.
In the state of Texas, only one party can have an attorney during uncontested divorce proceedings. The spouse without an attorney must sign and have notarized a waiver of service, showing their willingness to settle without legal representation. Once this has been completed, the divorce attorney can file the Petition for Divorce and begin the process of dissolution. This petition is based entirely off of paperwork filled out and signed by both parties and, while the attorney will check it for errors or missing information, she will not make adjustments that favor one spouse over the other.
Your initial agreements will appear in the Final Divorce Decree which must be signed by both parties within a specific timeframe. Having an attorney helps guard against missing this window and having to repeat steps.
Following a brief waiting period during which the decree and all supporting documentation are reviewed by a judge, one spouse will need to provide short testimony before the court to determine if a divorce will be granted. This spouse is often the one with an attorney, though both may certainly attend and provide testimony at this final hearing. Having an attorney during this final part of the process helps protect against missing information and other factors that may influence the court’s decision.
Agreeing on all matters in a divorce is often preferable, but does not eliminate the need for legal assistance. Remember, divorce law is complex and misunderstanding or violating the process may result in a delay in proceedings or a denial of your request. The biggest benefit to having an attorney is avoiding these complications, allowing you and your former spouse to part ways amicably and in the shortest time possible.
The above information has been submitted by the Kutty Law Firm in Sugar Land, TX. If you are in need of a divorce attorney in Houston, Sugar Land, or surrounding areas of Texas, please contact the Kutty Law Firm to learn how we can help.
