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If both you and your partner agree about filing for divorce, this can simplify the process moving forward and potentially shorten the time in resolving your case. Even when both parties agree that divorce is the right next step, this period of time can present unique emotional and legal hurdles that are best addressed with an attorney by your side.
An Austin uncontested divorce lawyer who understands the laws involved could help ensure everything is fair while communicating with the other party about the details at each stage of the divorce. One of our compassionate divorce attorneys could help you make critical decisions that will impact your family and future while working to streamline the process to avoid additional legal challenges.
An uncontested divorce can be more cost-efficient and streamlined than a contested one. An uncontested divorce refers to a situation in which both parties are generally in agreement about the terms. This would mean that the divorcing parties agree on major issues like child custody, property division, and spousal maintenance.
As in other states, state courts approve child custody agreements based on what is in the child’s best interests. The courts may consider the following elements when determining the child’s best interests:
Unless doing so would be averse to the child’s well-being, most courts consider that the child’s best interests will be served when both parents play an active role in their life.
In terms of property division, this is a community property state. This means that most property acquired during the course of the marriage is owned equally by both parties and must be divided in a fair and equitable fashion. An Austin attorney could help with all elements of an uncontested divorce, including seeking a just division of marital assets.
Spousal maintenance or support is not awarded or required in all cases. However, a divorcing couple can come up with an amount of contractual maintenance in the divorce agreement they present to the court for approval. Other forms of financial support, such as child support, can be agreed upon by both parties but are usually calculated based on factors such as the income of each parent and the number of children involved. The non-custodial parent is typically the one who pays child support.
An attorney could advise whether a contested or uncontested divorce is more advisable for a couple’s set of circumstances. Both types of divorce involve filing multiple sets of paperwork. However, both parties will have agreed upon the terms in an uncontested divorce, so the timeline to the final dissolution of the marriage can be significantly shorter.
Sometimes, an uncontested divorce can be resolved in just a few months if there are no adverse complications. There is a waiting period of 60 days in this state before you can finish the divorce. If both parties agree about the terms of the divorce and formalize this in a written document for the court’s approval, the case could conclude as early as day 61.
An Austin-based lawyer could ensure that all documents are prepared correctly and completely so there are no unnecessary delays. An uncontested divorce is not only often shorter than a contested one but involves less stress and costs. This type of divorce also offers the benefit of enabling both parties to retain more control throughout the entire process.
An Austin uncontested divorce lawyer could ensure that all paperwork is filed correctly and on time. We could also strategize the next steps of your case and help you tackle key concerns like child custody and support, visitation rights, and more.
An uncontested divorce can help the proceedings run much more smoothly. However, working with a lawyer could help you protect your interests, interpret complex legal jargon, and help you avoid costly mistakes that could hinder your chances of achieving the desire results in your divorce case. Do not hesitate to call our office to receive your confidential legal consultation.