Couples considering an uncontested divorce should familiarize themselves with a few basic issues before following through with the process. The soon-to-be ex-spouses should have already formulated an agreement in an uncontested divorce. This means important issues such as child custody, property division or alimony payments are not being disputed. There are potential benefits in filing this type of termination with one being that the process is typically faster than contested proceedings. As mentioned before, this is due to most major issues already being squared away. If, however, these issues are not settled, couples may have to reconsider if an uncontested divorce is the way to go.
Divorcing Couples Must be in Agreement
Uncontested divorces are aimed towards couples that are on the same page regarding all crucial divorce issues. These issues typically involve child custody, spousal support and property division in most cases. Couples may formulate their own agreements or use state-provided forms. These forms must be read cautiously as they often contain fine print that may forfeit certain rights to marital property.
Eligibility Requirements and a Waiting Period Must be Fulfilled
A couple should understand that an agreement to terminate their marriage does not absolve them of eligibility requirements in regards to their divorce. The same goes for the waiting period. These requirements include meeting residency stipulations and paying court filing fees, among others. Uncontested divorces usually involve more simplified processes; however, the mandatory waiting period stipulation will still be upheld. In Texas, a divorce cannot be upheld for at least 60 days after the petition is filed.
Know the Community Property Laws
Many couples will simply agree to keep any assets acquired before the marriage when dealing with property division clauses in an uncontested divorce. Those ending a marriage within a community property state should understand that they are generally entitled to half of all community assets. These can include real estate and a spouse’s job earnings. A spouse is entitled to half of the assets collected between a marriage’s beginning and end dates.
Seek Legal Counsel Before Entering into Any Agreement
Every spouse should consider the consequences of each and every term that is agreed to. It is generally wise for each to retain an individual attorney if both spouses agree to all terms of the divorce. This is done for the sake of seeking individual legal advice prior to entering into a divorce agreement. It also ensures each spouse’s best interests are protected.
Uncontested divorces may seem simple enough but there are certain details which need to be considered before following through. If you and your spouse are considering an uncontested divorce, seek legal representation from the skilled divorce attorneys of McAllen’s Barrera, Sanchez & Assoc., P.C. Schedule a consultation by calling (956) 287-7555.