General principles behind Texas Uncontested Divorce
In our last blog entry , we discussed the basic elements of a San Antonio and greater Bexar County uncontested divorce . Today, we will discuss what obligations an attorney has when preparing an uncontested divorce. The attorney disciplinary rules do not allow an attorney to represent both parties in an uncontested divorce. The attorney must not lead the unrepresented party to believe that they are representing their interests as well or give them any type of legal advice. An unrepresented party should consider obtaining their own attorney in developing decisions over contested issues.
A San Antonio uncontested divorce lawyer will often ask the unrepresented party to sign a statement in which the party indicates its understanding that the attorney does not represent them. Generally during an uncontested divorce, there is very little discovery of items like community property and finances. The parties should be fairly comfortable about the nature of the opposing parties' assets and how they would treat custody and possession of children. Often attorneys will ask their clients to sign a waiver of their rights to discovery of the opposing party's finances. It is crucial that all the marital property is identified and disposed of in the divorce decree.
In drafting the uncontested divorce decree, a San Antonio uncontested divorce attorney assembles basic provisions including language on jurisdiction, grounds for the divorce, and children born of the marriage. The attorney will often discuss critical issues with the parties as they relate to children including, conservatorship, possession, child support, and health insurance. Next, the lawyer focuses on the division of the community estate including assets, taxes, and debts. The divorce decree will confirm separate property ie. property belonging to one spouse only, usually property acquired before the marriage. Other divorce issues include name change, permanent injunctions, status of temporary orders, and court costs. In an uncontested divorce, the attorney will make sure the other side agrees and acknowledges the terms of the divorce. Sometimes, the divorce decree will direct the parties to execute certain documents like warranty deeds so that property may be easily transferred.
An uncontested divorce decree is a critical legal document and you should seek the services of a San Antonio family lawyer to make sure you have covered all the major issues.