Legal Expert

Uncontested Divorce

Divorce can be an extremely difficult – and often stressful – transition. Even the most amicable divorce is likely to be complicated, and even a divorce that is moving along smoothly can quickly morph into something more contentious. Many couples strive for uncontested divorces, which simply means that you and your divorcing spouse are both willing to sign off on the terms of your divorce without requiring the court’s involvement. In other words, even an uncontested divorce can be a very bumpy ride.

If you and your divorcing spouse are both committed to achieving an uncontested divorce, it can help make the process less arduous. However, if you’re facing any type of divorce case, it’s time to consult with an experienced Austin divorce attorney.

Your Divorce Path

Your divorce will hinge upon the following components (as applicable):

• Conservatorship (child custody arrangements)
• Child support
• The division of community property
• Spousal support

If you and your divorcing spouse can come to terms on each of these issues that apply to your divorce, you can move forward with an uncontested divorce. Making sure you obtain terms that protect you and your children’s rights and best interests is so important, however, that you need to take the time to get it right.

An experienced divorce attorney will help you explore each component from every angle to help ensure that the terms you agree to support your rights. It’s never a wise idea to quickly sign off on divorce terms that are less than favorable as a means of expediting the divorce process (rather than because the terms are a good compromise).

Reaching a Fair Agreement

Although it sometimes happens, very few divorcing couples simply come to agreeable terms that protect their rights without putting considerable effort into the matter. Perhaps you and your soon-to-be-ex are in alignment about one or two issues, to begin with, but encounter a sticking point when it comes to child custody/conservatorship arrangements (for example). There are several important steps you can take to help you reach an agreement and move forward with your uncontested divorce with increasing levels of intervention, including:

• Carefully negotiate between yourselves and/or with your respective divorce lawyers
• Allow your respective divorce attorneys to negotiate with each other on your behalf
• Take the matter before a professional mediator at mediation before filing for divorce

Regardless of how you get there, your divorce will remain uncontested as long as you are able to come to mutually acceptable divorce terms without requiring the court’s input before you file your petition.