An uncontested divorce is a divorce in which the parties have reached an agreement on the issues involved in the divorce. Sometimes problems arise in an uncontested divorce when the parties have agreed to some of the terms involved in the divorce but not all. These will resolve themselves if the spouses can agree on the remaining issues. The divorce can turn into a contested divorce if the parties are unable to agree. Every divorce is different although there are many common issues. Divorces typically come down to child issues and property issues but vary by the type of property involved and the particular needs of the children. What is true of a divorce in Fort Worth may not be true of a divorce in Dallas or Arlington. These are major issues in a Texas uncontested divorce.
Real Property Ownership in Texas
Homeownership is prevalent in Tarrant County, Dallas County and surrounding areas. Sorting out ownership and mortgage are often major issues.
Business Ownership in Texas
If one or both spouses own an interest in a business then it’s important to determine how to deal with ownership interests.
Vehicle Ownership in Texas
It’s hard to live in Texas without a car. Most divorces include one or more vehicles. You must figure out who gets which car and who pays the loans.
Retirement Plan Division in Texas
Today many people save for retirement through their employer’s 401k, defined benefit pension, 403b or other employer-sponsored retirement plan. These benefits generally may be divided in the divorce. Additional court orders like a QDRO divide most retirement benefits.
Spousal Support in Texas
Uncontested divorces rarely include spousal support but it is an option to consider.
Income Taxes in Texas
The portion of the year of the divorce before it is granted is marital income for income tax purposes. The parties should figure out how they want to deal with the taxes. Additionally, if there are kids the spouses should come to an agreement about who gets to claim the children in the future.
Possession Schedules in Texas
The spouses must come to an agreement about how to allocate time with the children. You do not have to use the standard possession order. You must have a schedule that conforms to the requirements of the Texas Family Code.
Parental Rights in Texas
Additionally, the spouses must decide what rights each parent will have over the children. These need to address health care, education, contact with the children (when they are in the other parent’s custody) and various other key issues.
Particular Needs of the Kids in Texas
Your children may have specific medical, educational, or extracurricular needs to accommodate in the divorce. This may include requirements for medical care or additional financial support to pay for education or extracurricular needs.
Child Support in Texas
In many agreed divorces child support will be paid by one parent. Parents have a duty to support their children but child support payments are not mandatory until a court orders them. A divorce does not have to order child support payments but generally will. Additionally, parents have a duty to provide medical support for the children. This usually requires one parent to provide health insurance for the kids. Parents will split unreimbursed medical expenses.
Other Unique Issues in the Divorce in Texas
You may have a number of other issues specific to your divorce. These may include investment accounts, rental properties, timeshares, prepaid memberships, college tuition, geographic restrictions on where the kids can live and school choices. If you are looking for an uncontested divorce in the Fort Worth and Dallas area then contact my office to learn more about how I can help.