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Uncontested Divorce? Speak to a McKinney Divorce Attorney Today
For spouses who have decided to part ways, an uncontested divorce can be an efficient method for bringing their marriage to an end. If both spouses are in agreement on all of the issues involved in their divorce, they can submit their divorce filing to the court; and, once the statutory 60-way “waiting period” expires, the process will be over.
If you are considering an uncontested divorce, it is still important to work through the process with an attorney. Getting divorced inherently involves many legal issues and implications, and you do not want to overlook any important considerations when preparing to move on to the next stage of your life. For example, when preparing to file for an uncontested divorce, you will need to answer questions such as:
1. Are you and your spouse in complete agreement on all aspects of your divorce?
At the outset, in order to file for an uncontested divorce, you and your spouse should be in complete agreement on all aspects of your divorce (at least insofar as you are aware). If you have competing desires or differences of opinion, you may need to consider a contested divorce.
2. Are you and your spouse willing to work together to resolve any issues you may have overlooked?
When spouses attempt to complete uncontested divorces on their own, it is common for them to overlook certain issues. Getting a divorce is a complicated legal process, and you need to make sure that you have finally resolved all relevant issues before submitting your divorce to a judge.
3. Do you know which of your assets are “separate” and “community” property?
One of the issues that gives couples the most trouble is the distribution of their marital estate. Until you know which of your assets are “separate” and “community” property, you cannot make informed decisions about the division of your marital property.
4. Have you worked out a comprehensive parenting plan?
Do you know where your children will spend weekends? What about vacations and holidays? Who will pick them up from school (and cover transportation-related expenses)? These are just a few of the issues that should be addressed in your parenting plan.
5. Have you accurately calculated child support according to the Texas child support guidelines?
While Texas law establishes a set of guidelines for calculating child support, accurately calculating your (or your spouse’s) support obligation is not necessarily a straightforward process.
6. Are you comfortable filling out all of the requisite court forms?
If you file for an uncontested divorce on your own, you will need to accurately complete all of the necessary court forms without the advice of legal counsel.
7. Have you considered the alternatives to an uncontested divorce?
Pursing a contested divorce does not necessarily mean going to court. If an uncontested divorce is not your best option, mediation, collaborative law and other informal methods may be cost-effective and low-stress alternatives for protecting your interests.
Schedule a Free Uncontested Divorce Consultation With a McKinney Divorce Attorney
If you would like more information about the process of filing for an uncontested divorce or the alternatives that are available, you can contact our McKinney, TX family law offices for a free consultation. To speak with an experienced McKinney divorce attorney in confidence, please call (214) 726-1450 or request an appointment online today.