Helping families, helping
children, helping your pocketbook - that is an agreed divorce.
Agreed Divorces/Uncontested Divorces
are divorces of agreement. Here, the lawyer's role is limited to preparation
of pleadings, the divorce decree, and closing documents. Because of this,
legal fees are substantially reduced because the attorney's role is limited.
The basis for the
divorce is "discord and conflict of personalities which destroy the
legitimate ends of the marital relationship" - a no fault divorce.
When you consider the
fight, consider this:
Absent
extenuating circumstances, the court will divide the community estate
1/2 to each party - round figures.
Absent
extenuating circumstances, the court will order a Joint Managing
Conservator relationship as to custody. Both parents will receive almost
fifty percent of available time with the children - or so says the Texas
Standard Visitation Order. Actually, it's about 45/55 percent of the
time.
An
agreed divorce will save the community estate (your savings, your
salary) significant sums. Lincoln said, "the only thing a lawyer
has to sell is his time." There are attorney's out there who enjoy no
more satisfaction than a full scale war between spouses. Some are
believed to promote it. Why? Attorney's fees. Agreed divorces do not
require the time element and costs that contested cases do, therefore,
they lower your expense significantly.
An
agreed divorce minimizes family disruption and the emotional turmoil
that goes with it. It is unfortunate, but those who battle over the kids
usually end up doing the most harm to them. Kids are smart. They know
you are fighting. They can "read" your feelings. They know how
you feel about your spouse. Further, remember this, all kids will
at some point place blame for the divorce on themselves. It is your job
as a parent to make sure that this does not happen. Agreed divorces
remove a lot of this.
How to reach agreement and
avoid the fight?
First, both of you have to
want to reach agreement. Sit down with your spouse
and list out your total assets and liabilities. Try to divide the assets
evenly. As to debts, decide what can be paid off now and how you will pay
off the rest pursuant to a divorce decree.
If you have children,
rationally decide where the primary residence will be. The children have to
have a place they can call home. They have to have a home residence during
the school week. Decide who is better able to work with the children's
school and extracurricular activities. Ask, who takes the children to school
every morning and picks them up - mostly? Who takes them to band, soccer, or
baseball practice - mostly? This parent should probably be the
primary.
If you cannot reach
agreement by yourself, then consider mediation. Virtually all courts will
order mediation in any case. Mediation is a form of alternative dispute
resolution where the parties are provided an opportunity to present their
issues to a neutral mediator. The mediator is usually a lawyer who is
experienced and familiar with family law. At the start of the mediation, the
parties will set forth their arguments and issues to each other and the
mediator. The parties will then withdraw to separate rooms. The mediator
will go back and forth between the parties to talk the case out with them.
At the end of the day, it is hoped, that the parties will have reached a
mediated settlement agreement. A divorce decree will then be drafted in
accordance with the agreement and "proved" before the court.
At
the very minimum, the following documents are required in a no property/no
children agreed divorce:
Original
Petition for Divorce
Waiver
of Service of Process
Final
Decree of Divorce
State
Information Form
If
children, real property, investment funds and/or retirement accounts are
involved then additional closing documents will be needed such as special
warranty deeds, child support withholding order or a qualified domestic
relations order will be necessary.
All divorces take a minimum of 60 days in the State of Texas.
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