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Contested or Uncontested

Sometimes a couple comes to an agreement and they decide to find an attorney who will file an uncontested divorce for them. They believe they’ve hammered out all the issues concerning the children and property and they just want an attorney to draft the documents so they can get divorced as soon as possible. There are three things to consider when you are trying to work out an uncontested divorce with your spouse.

  1. You may have worked out an agreement with your spouse that is not in the best interest of the children. If the judge determines that your agreement is not in the best interest of the children, the judge may not sign the agreement. An example of this is child support. I’ve had recent cases in Dallas County and Tarrant County where there was an agreement that no party pay child support. However, the judges did not agree, and they ordered child support.
  2. You may have worked out an agreement that does not divide the property in a just and right manner. The Texas Family code provides guidelines on how to divide every type of property acquired during the marriage. Many people think that things like 401K plans and bank accounts belong to the person whose name is on the account. However, the portion of those accounts that accrued during the marriage is considered community property and should be divided in the divorce decree.
  3. You may come to an agreement and then when you find out about your rights, you no longer agree. Thus, you no longer have an uncontested divorce.

The best way to navigate through a divorce is with someone representing you and your interests. It is possible to work out an agreement, but you need someone who knows the law and knows what a judge is likely to do in your case.