A Simple, Efficient Divorce for Texans
Many spouses who decide to get divorced find that the other spouse is in complete agreement. While the divorces you often hear about from friends and family typically involve shouting matches, accusations of infidelity, or just drama in general, your divorce does not have to be that way.
If you and your spouse meet a number of conditions, you can get through your divorce with minimal involvement from the courts. This process is referred to as “uncontested divorce” and is reserved for couples who meet the following conditions:
- Neither spouse has minor children;
- Neither spouse is requesting spousal maintenance (alimony);
- Neither spouse has an active bankruptcy case;
- There is no property owned by both spouses;
- Neither spouse has retirement benefits available for division; and
- Both spouses agree to end the divorce on a no-fault basis (insupportability).
In addition to the above criteria, both you and your spouse must agree on all matters that must be decided in the divorce. If this includes matters like child support, spousal support, conservatorship (child custody), and division of marital/community property, you might still be eligible for a process similar to uncontested divorce called “agreed divorce.”
Spouses undertaking an agreed divorce come to a settlement on the important subjects without needing a judge to come up with the settlement. An agreed divorce usually costs less money and can be completed in less time relative to a litigious divorce.
Even if you and your spouse are eligible for an uncontested or agreed divorce, it might still be better to go to court. Especially contentious divorces and marriages involving domestic violence, child abuse, substance abuse, or complex assets might benefit from a traditional (contested) divorce.
Although uncontested and agreed divorces sound simple—and they are, relative to a traditional divorce—you still need quality legal representation. The final divorce decree resolves matters that will affect you and your children for the rest of your lives. Without an attorney’s help, you could agree to something that is not in your best interests.
If you’re in need of legal advice, contact Tycha Kimbrough at Kimbrough Legal, PLLC today.
