Even with an Uncontested Divorce, You Still Need a Lawyer

Even with an Uncontested Divorce, You Still Need a Lawyer

February 17, 2021

Sometimes marriages just don’t work out, there are no hard feelings and you already agree on how to split your assets. In this case, do you really need a lawyer? The answer is yes: despite an agreement and healthy communication, you still need someone who understands the law and can ensure you’re getting a fair deal. Here’s why you should call an attorney for your uncontested divorce in Texas.

What is an uncontested divorce?

An uncontested divorce simply means that you’re in agreement on everything—there’s nothing to divide, no child custody issues to negotiate or any other issues that benefit from the input of mediators and judges.

If these factors apply to you, you may be able to file for an uncontested divorce in Texas:

  • No minor children: Child custody and child support issues often require extra negotiation, even if both spouses agree on the issues. They also require additional paperwork, like parenting plans, support agreements and more. If you have minor children, both of you should get separate attorneys.
  • No desire for spousal support: If neither of you are requesting spousal support, you should qualify for an uncontested divorce. If, however, one spouse earns way more than the other, you’ve sacrificed to put your spouse through grad school or you took time off to raise your children, leading to a gap in work history, you should consider asking for support. Even if you don’t think you need it, you may have financial issues during and after the divorce. Working with an attorney can help you make sure you know your options and that you’re getting a fair deal.
  • No pending litigation or bankruptcy: If one or both of you have pending litigation or bankruptcy cases, that can delay your divorce. In this case, work with an uncontested divorce lawyer in Texas so you understand how this affects your divorce and whether it’s best (or even required) to wait until the proceedings are over.
  • No property or retirement to divide: Finally, if you already agree on how to divide your possessions—and don’t have any real estate, retirement accounts or other assets to divide—you might benefit from an uncontested divorce. If, however, you do have assets, you’ll need legal advice to help you sort through these complicated property divisions.

If it looks like you can file for an uncontested divorce, congratulations! However, you’ll still need an attorney.

Why you’ll need an attorney

Talking to an attorney benefits you in two ways. First, you’ll quickly find out whether you can file for an uncontested divorce, and if that would be in your best interest. Second, even uncontested divorces require a significant amount of paperwork. For example, you’ll need to put your agreements in writing in a Final Divorce Decree. This document must conform to legal standards. If you show up to the final hearing and it doesn’t pass the judge’s review, you’ll have to redo it and go through another 60-day waiting period.

Ultimately, working with an attorney saves you time and money. For help with your uncontested divorce in Texas, call The Law Office of Rob Biggers today.

**This Blog/Website is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog/website you understand that there is no attorney-client relationship between you and the Blog/Website publisher. The Blog/Website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.**

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