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Richmond & Katy Texas Divorce Attorney
Not all marriages end in happy ever afters. If you find yourself in such a situation, filing an annulment or going through an uncontested divorce may be the option for you. Contrary to popular belief, not all divorces involve expensive legal fees and infighting between spouses. In Texas, divorcing couples who can remain civil and communicate well with each other may opt for the less expensive process of an uncontested or “agreed” divorce with the help of a Richmond divorce lawyer.
Sometimes called a quick divorce in Texas, an uncontested divorce will usually allow you to finalize your divorce with minimal delay and fewer costs than a contested or litigated divorce. The key to qualifying for an uncontested divorce is for both spouses not to disagree about any divorce-related issues and sign a divorce settlement agreement to skip the divorce trial process before a judge.
If you’re planning to file for a divorce, don’t hesitate to seek the assistance of an experienced Richmond family law attorney. The Law Office of Annie Scott can assist you with all the legal services you need and provide you with compassionate support during your divorce process. Contact us today to schedule an initial consultation with our competent divorce and family law attorneys.
What is Uncontested Divorce?
When you file an uncontested divorce, you and your spouse must reach an agreement about all of your divorce issues, which includes:
- Child custody arrangements, parenting time and responsibilities
- The amount of child support and how long the spouse should pay it
- The amount of spousal maintenance and how long the paying spouse should pay
- The division of marital assets and properties
- Division of marital debts
Once you and your spouse agree, you no longer have to go to court for a divorce trial. All you have to do is file divorce forms from the court and a divorce settlement agreement that will indicate all the arrangements you’ve made with your spouse regarding child support payments, child custody and visitation rights, and division of property.
It is important to note, however, that not all uncontested divorces are the same. Some divorce processes can be more complicated than others. The process is most simple when a divorcing couple has few assets, has no real property like a house or rental property, and has no minor children. It also works best for divorcing couples who can support themselves after divorce.
Getting a divorce can sometimes be complicated. Talk to one of our Richmond Texas lawyers today to know more about uncontested divorce.
Who Can File for an Uncontested Divorce in Richmond, TX?
When filing for divorce in Texas, at least one of the spouses must be a resident of Texas for about six months. The divorcing couple must also meet the following criteria:
- The couple agrees on the grounds for divorce or the reason for divorce
- The couple mutually decides to end their marriage
- Each spouse don’t have an ongoing bankruptcy case
- The couple doesn’t have any minor children
- The couple does not own any property together, and retirement funds and benefits to divide.
- Both spouses are not seeking spousal support or alimony
If you’re considering filing for uncontested divorce in Texas, call our Richmond divorce lawyer today to get things started.
Benefits of Filing an Uncontested Divorce
There are many benefits to using the uncontested divorce process in Texas. For instance:
- Even though uncontested divorces and contested divorces have the same filing fees, uncontested divorce has lower costs because it doesn’t require bringing the divorce to court.
- Usually, the relationship of the divorcing couple can be preserved through an uncontested divorce. Divorces can usually make damaged relationships between couples worse. Since an uncontested divorce requires both parties to work together in processing their divorce, it usually keeps their relationship intact or civil.
- An uncontested divorce will make it easier for a judge to finalize the divorce than a contested divorce.
- Couples who created a divorce settlement agreement together usually follow the orders after the divorce. This is because they both understand the reasoning behind each custody, visitation, or support order. Hence there will be fewer misunderstandings which result in altogether avoiding unnecessary hearings in a court in the future.
The divorce process can be stressful and overwhelming, and you deserve someone to be on your side during these trying times. A divorce attorney can help you understand the legal process in filing a divorce, inform you of your rights and responsibilities, and answer any Texas family law related questions you may have. Schedule a consultation with one of our experienced Richmond divorce lawyer today.
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Uncontested Divorce vs. Contested Divorce
An uncontested divorce is the ideal type of divorce because it helps you save time and money. However, sometimes, spouses disagree with the terms of the divorce agreement or ask a judge to resolve their conflicts and issues. This will turn your divorce into a contested divorce.
A contested divorce is when a couple has disagreements and unresolved issues during the divorce process that they can’t resolve independently and require court intervention. This type of divorce usually takes much longer because it involves a legal process where both spouses’ attorneys must conduct a discovery. Both parties must present evidence such as email exchanges, text messages, or financial documents that will prove the contested issue during the discovery process. For example, suppose one spouse claims that the other party is hiding certain assets. In that case, that spouse can serve discovery which includes a request to produce documents or even a subpoena to third parties like banks or personal accountants.
A contested divorce also takes much longer to finish because each party and their divorce attorneys must present evidence such as witnesses or documents to the court during the divorce trial. This process also usually costs more money for both parties.
Aside from costing more time and money, another downside of a contested divorce is how the final decisions are made and finalized. A presiding judge has control over the outcome of the divorce proceedings in a contested divorce.
On the other hand, when a couple chooses to work together and plan a divorce settlement agreement, they will have complete control over what happens to their family. For instance, even though a couple may not altogether agree on their exact physical custody arrangements, they both agree that shared custody is best for their child. But when the court becomes involved in your divorce, the judge may see custody differently.
Our Trusted Richmond Divorce Lawyer Can Help!
Going through a divorce is hard, but you don’t have to go through it alone. If you’re planning to file an uncontested divorce, our legal team at The Law Office of Annie Scott can help. Our Texas law firm will ensure that the divorce settlement agreement that will be proposed will protect your rights and produce the best outcome possible for your family.
Call us to get legal help with annulments, adoptions, divorce, prenuptial agreements, and other family law matters today!
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