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Why Do I Need an Attorney if My Divorce is Uncontested?
Getting a divorce is a complicated process that brings significant implications for your future. Even if you and your spouse agree on all the terms of the divorce, which is referred to as an uncontested divorce, it is still important to hire an attorney to ensure that your rights are protected, and everything related to the divorce is handled lawfully and equitably. Today, we will review why hiring a lawyer, even for an uncontested divorce, is wise.
Top Reasons Why You Need a Lawyer for an Uncontested Divorce
Some believe that getting an uncontested divorce means hiring a divorce attorney is unnecessary. That line of thinking does not take into account all of the complexities and challenges you may face during divorce that require professional legal assistance. Here are some reasons why you should considering hiring an attorney even if your divorce is uncontested:
Essential Things to Know About Mediation in an Uncontested Divorce in Texas
It is widely known that divorce can be among the most upsetting and difficult processes anyone will ever have to go through. When most people think about divorce, they envision contentious courtroom proceedings, where the private dealings of a married couple are hashed out in open court for all to hear. Fortunately, alternative dispute resolution (ADR) methods have become commonplace in divorce proceedings. ADR such as meditation can help couples reach an out-of-court agreement, saving time and money which would have otherwise been spent during litigation.
You may be happy to hear that even if your divorce is not 100 percent amicable, there are still options for you and your soon-to-be ex-spouse that will allow you to have more control over the divorce process while also preserving your privacy. If you can reach a resolution through mediation or negotiation, you can proceed with an uncontested divorce. This blog will discuss important considerations to remember when it comes to an uncontested divorce, such as how mediation procedures can help aid the process and how a qualified divorce attorney can help you and your spouse resolve your divorce in a cooperative manner.
Can I Modify My Texas Divorce Decree?
A frustrating feature of many, if not most, Texas divorces is that neither spouse is typically thrilled with the outcome of the divorce decree. Finalizing a divorce requires reaching an agreement on complex topics and the potential for disagreement is high. While dissatisfaction alone is not a sufficient reason to modify your divorce decree, there are certain circumstances in which certain parts of your divorce decree may be changed to better suit your needs. If you are interested in changing your divorce decree, read this blog and then contact a Texas divorce modification attorney for help.
Which Parts of a Divorce Decree Can Be Modified?
Certain parts of your divorce decree cannot be changed at all, particularly the parts regarding the division of assets and debt. Unless there was a serious misapplication of Texas law or your spouse hid important facts or income, once a property settlement is finalized, it is done. Even in situations that justify a modification to the asset division, the appeal must be filed within a certain amount of time.
How Much Will I Have to Pay in Child Support in Texas?
Among the many issues that divorcing parents of minor children have to confront is that of child support. While most parents are eager to help their children financially, child support payments often bureaucratize the parent-child relationship in a way that feels stiff and informal. Furthermore, a parent paying child support may have legitimate concerns about whether the parent receiving child support is truly spending the funds in a way that benefits the child’s best interests. Whether you are simply considering divorce, already involved in the divorce process, or have never been married to your child’s other parent and are establishing custody and child support orders for the first time, The Cusic Law Firm, P.C. can help.
How is Child Support Calculated in Texas?
Texas expects both parents to contribute financially to their child’s well-being. The parent who has possession of a child the majority of the time is seen as contributing financially through their daily support of the child. The parent who has the least amount of possession and access (also known as “visitation”) is almost always the parent who pays child support because he or she is usually also the noncustodial parent. The noncustodial parent is the parent who makes child support payments.
How Can I Get Child Custody in My Texas Divorce?
Even after a romantic and intimate relationship between two parents has soured, those parents will often continue to stay together for the sake of the children. Fearing the consequences that a divorce could have on each parent’s relationship with the child, many adults will try to make things work even though they are both unhappy.
Unfortunately, these situations are all too common and many people who are trying to stay together for the kids ultimately find that is no longer a workable solution. However, regardless of how well you and your spouse get along, with a solid understanding of Texas child custody laws you can create a parenting plan that allows you both to keep your children close and continue developing your lifelong relationship with them.
Conservatorship, Access, and Possession
Although “custody” is the traditional term to describe a divorced couple’s legal relationship with their children, Texas law actually uses other terms to describe the specifics of custody orders.
How is property division handled in Texas divorces?
When you decide to end your marriage in divorce, the process can seem overwhelming—especially when trying to decide who gets what when it comes to the house, the furniture, the vacation property, the dog and more. Each state has specific laws about property division in divorce, and in Texas, the law views any property or debts accumulated during the marriage as community property.
What does community property mean?
In community property states, assets and debts are split 50-50 between divorcing spouses. So, if your spouse isn’t listed on the title of your home, but it was bought while you were married, your spouse is entitled to half the current value of the home. If your spouse took time away from her career to raise your children, she still will be entitled to half of what you’ve earned in your retirement accounts during the marriage. If you started a business during the marriage, your spouse will be entitled to half of what the business is worth.
When is divorce the right move to make?
Divorce can be a big life decision that introduces a lot of change and many people have a hard time deciding if they should pursue one. With so many uncertainties, you might question if divorce is the right move for you.
While you can seek advice on whether to pursue a divorce, the decision is a very personal one. If you are wondering if divorce is the way to go, there are a few things to consider about your situation.
When you feel relief when you are away from your spouse
If you find yourself happier and more at ease when you are separate from your spouse, that indicates that space is needed between the two of you. This might be solved by the both of you resolving to have more individual time away from each other. In other circumstances, you may find that occasional ‘me time’ isn’t sufficient and a more permanent solution is necessary.
When you can easily imagine a life without them
Your children grow over time, and so should their support
Your divorce had a huge impact on your life, but you’ve got more a few more lives to look after than just your own. While child support may be in place to help you raise your family, there’s no guarantee that it will keep pace with changing times.
The southwest region of the country has some of the lowest averages for child support in the country, no thanks to Texas. While Arizona, New Mexico and Oklahoma are right in a row when it comes to costs, Texas usually comes in two hundred dollars higher per month. If you feel like you’re getting a southwest rate when you should be falling in line with Texas living, it may be time for a modification.
The time is right
There are certain circumstances where you can get a change in the amount the other parent has to pay:
Divorce filings could surge in Houston in the next few weeks
Texas' statewide shelter-in-place order related to the national COVID-19 pandemic is slowly coming to an end after about a month. For the past four weeks, married couples throughout the state spent a lot more time together than usual. No doubt that for many couples, this difficult time brought them closer together. For others, it has exacerbated problems with the relationship, possibly to the breaking point.
If you are considering divorce after lockdown, you are not alone. Harris County courts and family law attorneys are anticipating a surge in divorce filings.
Quarantine and marital difficulties
With so many people furloughed during quarantine, financial tensions that couples were experiencing likely grew worse. Meanwhile, spending 24 hours a day together could create new conflicts between spouses or aggravate existing problems. In the most serious cases, people are trapped with abusive spouses that are targeting them, their children, or both.
What happens to your retirement accounts in divorce?
No matter your age, saving for retirement is an essential investment in your future. These accounts could be subject to division in divorce, however. What will happen to your retirement savings at the end of your marriage?
Your savings may be included in your community property.
As a community property state, Texas regards the assets and debts you acquired during your marriage as co-owned. This community property will be split 50-50 between you in a divorce. This includes your retirement savings, even if only your name is listed on the account. Your divorce could also have a significant impact on your pension or social security benefits as well.
You can protect your retirement savings.
Especially for couples who are nearing retirement or are already retired, halving your retirement savings may mean that you will be left without the funds you need. However, while dividing your savings in half is one option, it is not the only option available to you.
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