Not all divorces involve heated exchanges with your spouse, some are uncontested divorces. Some divorces don’t require the full-blown process that other divorces involve. Sometimes spouses can come to a complete agreement with each other before filing for divorce. If you and your spouse agree on property division, child support, custody, and visitation then proceeding with an uncontested divorce may be the best route for you.
If my divorce is uncontested, why do I need an Attorney?
Just because you and your spouse have an agreement does not mean that you should file the divorce yourself. The primary language that must be in your divorce pleadings and final decree can still be complicated and needs completing by a competent Texas Divorce Attorney. To ensure that everything from the property division to the child custody issues is handled correctly, consult with a qualified Divorce Attorney. They will ensure your agreement is accurate in the decree. For this reason, I recommend that a Texas Family Law Attorney prepares your documents and filing with the courts.
Steps on completing an Uncontested and Agreed divorce:
1. Signing a contract with me to handle your divorce.
2. Paying the fee for the uncontested divorce.
3. I will review the agreement between you and your spouse.
4.Initial divorce pleadings filed with District Clerk.
5. Final Decree of Divorce completed and reviewed by you.
6. Waiver of Service completed for your spouse’s signature.
7. Any power of attorney or deed transfers prepared.
8.Signatures of both parties on all documents.
9.Final documents filed with the District Clerk.
10. Possibly attend a Final hearing, depending on your circumstances.
Is a contract with you necessary to begin work?
A contract to retain my services must be reviewed and signed before starting any work on your case. If you live out of town or cannot come in for an office visit, I can email you the contract and review over the phone. The agreement will spell out the fees associated with your case, my duties as your attorney, and your cooperation in your divorce.
Why is it necessary for you to review our agreement?
Even though you and your spouse have an agreement already, it will still need the judge’s approval. I will ensure that it will fall within the guidelines of the Texas laws and rules of a divorce.
What documents do you file with the District Clerk for an agreed divorce?
1. Divorce petition
2. Waiver of Service
3. Final Decree of Divorce
Additional documents will be filed if your divorce involves children.
What is a Final Decree of Divorce?
A Final Decree of Divorce is essentially an order signed by the judge. This order will contain information on how the community property is divided. The decree will list custody and visitation agreements. The amount of child support owed will also be in the divorce decree.
What is a waiver of service?
In an agreed divorce a waiver of service is typically completed. This waiver allows the other party to receive the documents without the need to hire a process server. Essentially the party receiving the papers will acknowledge receipt by signing a waiver of service in front of a notary.
Why is the power of attorney sometimes necessary?
Many times the community property such as vehicles, boats, trailers, etc. may be in both parties names. A power of attorney allows the person who is obtaining the property after the divorce to transfer the title into their name solely. If a home or land is involved the divorce proceedings, then a deed is prepared and signed as part of the uncontested divorce.
Will I need to attend court if my case is uncontested?
In certain instances, you and your spouse may not even have to go to court to finalize the divorce. Depending on the county that you live in can determine the steps to completing your divorce. For example, if children are not part of the divorce, some local courts allow you to prove the divorce up without actually attending court. If children are part of the proceedings, then it will be necessary for at least one party to be at the final hearing.
How long will my divorce take?
In Texas, your divorce must be on file for at least 60 days before the court can finalize it. The 60 days requirement may not apply if family violence has occurred. Typically on an uncontested divorce, we can complete your divorce very close to the 60 days mark. However keep in mind there are some things out of my control, such as the court’s calendar and availability. Also, there is no timeline on when the Judge must sign the final decree. Typically the judge will sign the final divorce decree within 7-10 days after submission.
What type of payments do you accept?
We accept cash, checks, debit cards, and most major credit cards. Most Uncontested and agreed divorce matters are on a flat fee scale. This fee enables you to know what the total amount of the divorce will be upfront without any hidden charges. In the flat rate, I include any court or filing fees you may incur. If however, your divorce becomes contested your flat fee will convert to an hourly rate. An uncontested divorce is typically less expensive than a traditional divorce.
Getting Started
If you are ready to start the process of an agreed or uncontested divorce feel free to contact me. I handle Uncontested Divorces in Smith County, Rusk County, Gregg County, and Anderson County. I have over 15 years of successful experience in handling complex litigation cases. The majority of my cases come from referrals, and it is important to me that after your divorce that you feel confident in recommending me to a close friend or a family member.
The cost of an uncontested divorce in Smith County
The minimum fee I charge for an uncontested divorce in Smith County is $2,000.00. This minimum fee is for a divorce without children involved. If an uncontested divorce becomes a contested divorce your fee will need to be converted to an hourly rate. If you are needing a fee for an uncontested divorce please feel free to contact me.
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