Sometimes a couple is fortunate enough to come to agreed divorce terms on each and every issue. This is often called an Agreed or Uncontested Divorce. Agreed Divorces are quicker, simpler and incur less attorney fees because no contested Court hearings are necessary. Instead, generally, your attorney will only have to work to formalize your agreed divorce with the final document (called the Agreed Final Decree of Divorce).
Further, your attorney will also help you understand what would generally happen in Court and will use this as a reference for what is “fair” under Texas law. Alternatively, if your spouse hires an attorney to draft the agreed divorce documents, keep in mind that his/her attorney does not work for you. Therefore, it is a good idea to (at a minimum) hire an attorney to review the agreed divorce documents to ensure that they are drafted in a way that correctly reflects the agreement and protects your interests. These limited representation agreements like a “document review” are very budget-friendly.
B. How We Help You With An Agreed Divorce
The first thing that we will do is work to develop a relationship where you feel comfortable telling us what you are trying to accomplish. Second, we will work to see if the agreement is “fair.” This is usually defined under general principles of Texas law, as well as the specific Court where your case is assigned. (While a Court may never hear any of your agreed divorce issues, the Court provides a great reference point for how these issues are typically resolved). Finally, we pay particular attention to keeping your divorce agreed. This means that we will not include language in the documents that may inflame your spouse. This just increases emotional responses and causes more litigation. At Anderson Legal Group we work to achieve yourresults and reduce your stress. Call us to set up a free consultation.
C. Before We Meet About Your Agreed Divorce
If you have children, take a moment to read through the child custody information on our website. This section will help you spot the major issues regarding custody. Using these issues will help you discuss the terms of the potential agreement with your spouse. As to property issues, keep in mind that an agreement must be reached on how to divide or award each and every asset and debt. As such, this would include awarding the: houses, businesses, vehicles, retirement accounts, bank accounts, credit cards, debts, etc. We are here to help you navigate these issues so do not worry if you do not have an agreement during our initial consultation as we can help you with strategies for obtaining the agreement.
If you feel you have or will obtain an agreement with your spouse please contact us so that we might be able to assist you.