San Antonio Injury Attorney Blog

Often clients will come in and ask about the conditions under which Bexar County child support may be terminated. For example, perhaps the child no longer lives with the custodial parent, and the non-custodial parent no longer wishes to make payments to the custodial parent. Well, you can certainly change to whom you make payments, but you cannot change the fact that you must make payments regardless of where the child resides - unless of course it is with you.

The Texas Family Code is very clear on the fact that child support must continue - 1) until the child turns 18 or graduates from high school, whichever is later; 2) until the child is emancipated (usually when they marry or when the court rules they are no longer a minor); 3) until the child dies; or 4) if the child becomes disabled indefinitely. If the county Department of Protective and Regulatory services becomes the managing conservator of the child, then the court can order both parents to make child support payments.

The Texas Family Code also outlines very specific grounds for the modification of child support. One of the grounds is a “material and substantial change" in the circumstances of the child. For example, if the child no longer lives with the mother during the week, and the mother is no longer furnishing the same degree of services to the child as at the time of the divorce, while the level of the father's services have increased, then such a situation would warrant a modification of child support. The court compares the financial circumstances of the children and the parents at the time of the previously entered order with the current circumstances to determine whether in fact there has been a material and substantial change.

Another common ground for the modification of child support is if it has been 3 years since the order was rendered or modified. In addition, the monthly amount of the child support due under the current guidelines was different by at least 20% or $100 from the current amount being paid. It is important to note that child support payments cannot be modified once they have accrued. In other words, the court can only modify a child support order only as to subsequent child support obligations. What the court can do is retroactively modify the monthly child support by backdating any accrued obligations to the filing of the motion to modify. This is done to remove any motive on the part of the paying parent to engage in delay tactics.

There are certain areas the courts may not consider as grounds for modification of child support. For example, an increase in needs or standard of living or lifestyle of the obligee (the party receiving child support payments) is not a ground for modification. A history of voluntarily provided support by the obligor (the party making payments) and the net resources of new spouses are other factors the court cannot take into account. A remarriage of the obligor is not a factor as to whether to increase or decrease child support.

Ultimately, a San Antonio Texas modification of child support hinges on the net resources and abilities of the parties, as well as the needs of the child. A San Antonio family lawyer can assist you with a Bexar County child support modification .

The Texas Family Code recognizes two types of marriages : ceremonial and common law. Although Texas recognizes common law or informal marriage, there is a great deal of confusion about what constitutes a Texas common law marriage . The elements of an informal / common law marriage are that a man and woman (1) agreed to be married, (2) lived together in Texas as husband and wife after the agreement, and (3) in Texas represented to others that they were married. Tex. Fam.Code Ann. Section 2.401. All three elements must be in place at the same time for common law marriage to occur.

According to the courts, the agreement to be married means that the man and woman had an immediate agreement to be married as husband and wife, and they intended to have a permanent marital relationship. Simply becoming engaged does not constitute an agreement to be married.

There are certain examples that would tend to support agreements to be married. For example, a couple may purchase property such as a home and refer to each other in legal documents as “husband” or “wife”. Each party may include the other in their health plan.

The second element is cohabitation or the act of living together as husband and wife after the agreement to be married. This element is usually easy to prove. However, if couples sleep in separate bedrooms and do not have sexual relations, then an argument can made that there was no cohabitation.

The final element of common law marriage is the acting of "holding out" to the public that the couple is married. Both parties must make representations to the public that they are married. For example, does the man refer to the woman as his wife in front of family and friends and vice-versa ? The element of representation means more than occasional references to each other as husband and wife. The couple's reputation in the community must be as husband and wife.

Other evidence includes legal documents. For example, does either party designate their status on loan applications as being "single”? When the man or woman files tax returns, do they each file separate tax returns as single, under penalty of perjury ? The IRS does in fact consider common-law marriages to be valid. Does the couple possess joint bank accounts or credit cards? Positive responses to such questions would tend to support the third element of common law marriage.

Filing for common-law divorce requires proof that the parties were married in the first place. It is very common for one of the parties to deny that they were in a common law marriage. A strong San Antonio family law attorney is needed to flesh out the evidence to prove up any Bexar County divorce claim.

The Texas Family Code outlines specific grounds for the modification of child support. Bexar County and greater San Antonio judges have the authority to modify a prior child support order, including amounts set aside for health care coverage under Section 156.401 of the Texas Family Code.

The grounds under which child support may be modified include whether the circumstances of the child have "materially and substantially changed". To determine material and substantial change, trial judges compare the circumstances of the parents and the children at the time of the initial order with current circumstances. Current and historical evidence of a person's financial situation is the key to such an analysis. Without the ability to compare 2 distinct sets of financial data, the court will not modify the order. Bexar County courts are given broad discretion in setting child support and revising the payments.

For example, in one case, the children no longer lived with the mother during the week and she was no longer providing the same level of services to the children as she did at the time of the divorce. However, the father was providing a greater level of services to the children now than he did when the divorce occurred. Such a change in circumstances represented a material and substantial change that obviated a modification of child support.

The other grounds for modifying a San Antonio child support order is if the order to be modified is greater then three (3) years old and the monthly amount under the revised order differs by 20% or $100 from the amount that would be awarded under the child support guidelines.

When dealing with out of state child support orders and where both parties have moved to Texas with the child, the ideal situation is for both parties to consent to venue in Bexar County. If the parties agree on allocation of child support and health insurance, a San Antonio family law attorney can submit a consent order without either party having to appear.

The Office of the Attorney General of Texas puts out tax charts for computation of net monthly income so that courts can calculate the amounts in a child support order. One starts with the obligor's annual gross income, which can be calculated from income tax returns from the last two years. The number is divided by 12 to get the average monthly gross income. Subtracting the amount paid for the child's health insurance if applicable, yields a monthly gross wages. The tax charts allow you to calculate net monthly income or net resources after deducting federal income taxes and insurance taxes like Medicare.

The net monthly income is then multiplied by a percentage based on the number of children to determine the monthly child support. For example, for support for only 1 child with no other dependents, the percentage is 20% of the net monthly income to determine the amount of the monthly child support.

For modifications of Texas child support, contact a Bexar County family lawyer or San Antonio child support attorney today.

In our last blog entry, we discussed several aspects of San Antonio and greater Bexar County juvenile adjudication , the equivalent of an adult criminal trial. In a juvenile delinquency proceeding, a juvenile may only be convicted upon proof beyond a reasonable doubt.

A San Antonio juvenile defense lawyer will pay particular attention to the petition, which must state the specific time, place, and manner of the alleged criminal acts and the specific penal laws the juvenile is alleged to have violated. If a trial does not prove the specific acts of a petition, then an acquittal is in order.

Moreover, the simple testimony of an accomplice is not enough to convict a juvenile. There must be other evidence presented to connect the juvenile to the crime beyond the testimony of an accomplice. Nor will a juvenile's out of court statement be sufficient to prove an offense beyond a reasonable doubt. The same Texas Rules of Evidence that are applicable to San Antonio adult criminal defense are also applicable to the juvenile adjudication proceeding.

In the past few years, there has been an increasing problem with a "shadow" juvenile justice system in which municipal and justice courts have been prosecuting juvenile offenders in the adult criminal system. These courts are not bound by the dictates of the Texas Juvenile Justice Code. Most of the time, the municipal and justice courts deal with juveniles who have violated their school conduct policies. Special education juveniles are especially vulnerable in these types of non-juvenile court proceedings.

Even more disturbing is the fact that juveniles convicted in municipal and justice courts have criminal records. When the juvenile reaches adulthood, he cannot count on such records being automatically expunged or sealed. Unlike juvenile adjudications, juvenile convictions are public record unless there are affirmative steps taken to seal / expunge them. For juveniles convicted of Class C misdemeanors, juveniles may face jail if they do not pay their fines upon turning 17 under the Texas Code of Criminal Procedure.

In addition, there are serious ramifications to criminal convictions in municipal and justice courts. Today, convictions can prevent a juvenile from obtaining student loans or carrying a concealed handgun. In addition, convictions on Class C misdemeanors can be used to enhance subsequent arrests to felonies in alcohol offenses and family violence assaults.

Municipal and justice courts oversee four (4) types of offenses by juveniles: traffic offenses; fine only offenses; specific alcohol offenses; and truancy cases. These cases all demand the presence of a parent. When a juvenile has two (2) convictions in a municipal or justice court, the ensuing case must be transferred to juvenile court. The municipal / justice courts do have the discretion to transfer fineable only cases to juvenile court with the exception of traffic / tobacco cases.

A San Antonio juvenile criminal defense attorney will take great pains in working with special education juveniles to prepare documents reflecting disabilities from their school records. Such records are critical to raising competency to stand trial as well as responsibility for the alleged incident.

Criminal defense for San Antonio adults and juveniles requires an examination of specific mental states. The first major mental state is "Intentional" ie. Did the person have a conscious desire to engage in the conduct ? The second type of mental state is "Knowing" ie. Was the person aware that his conduct would reasonably cause the negative results ? The third type of mental state is "Reckless" ie. Did the person consciously disregard the risks they created by their conduct ? The final mental state is "Criminal Negligence" ie. Should the person have determined the risks involved with their conduct.

Different types of offenses require varying degrees of mental states to hold a person culpable criminally. A Bexar County / San Antonio criminal defense lawyer can be instrumental in educating you and your child on your options in juvenile court or the municipal / justice courts.

In our last blog entry on the differences between the Texas Juvenile and Adult Criminal Justice Systems , we touched base briefly on the fourth option available to the disposition of a juvenile case : Adjudication.

A San Antonio juvenile defense lawyer will always seek deferred prosecution for his clients but there are times the prosecutor and probation officer will not accept such a recommendation. In an adjudication, which is the equivalent of a criminal trial, it is absolutely essential that the juvenile appreciates the nature and potential consequences of an adjudication hearing. Under Section 54 of the Texas Family Code , a juvenile may not have been found to have engaged in delinquent conduct or conduct in need of supervision (CINS) without an adjudication hearing.

Adjudication will only be considered to have occurred after an evidentiary hearing. There are six (6) general ways the hearing will be conducted based on whether the juvenile is contesting the charges. If the client agrees, a San Antonio criminal defense lawyer will contest the charges and choose as to whether the trial should be conducted before a jury or as a bench trial before the judge. Where the juvenile decides not to contest the charges, there are four (4) possible ways to go depending on the local practice of the court: a stipulation of evidence, agreed statement of facts, judicial confession, or plea of true.

In uncontested adjudications, the juvenile may withdraw his plea if the plea was based on a plea agreement and the court entered disposition terms outside the plea agreement. See Section 54 of the Texas Juvenile Justice Code.

The court must give specific judicial admonishments (explanations of various rights and consequences) at both the beginning of every adjudication hearing and those dispositions involving a plea bargain agreement. The Texas Family Code requires the court to make specific judicial admonishments including an explanation of the allegations; the nature and consequences of the proceedings; the child's 5th amendment right against self-incrimination; the child's right to trial and cross-examination of witness; the child's right to an attorney; and the child's right to a jury trial.

The judge should especially admonish a juvenile of the admissibility of a juvenile adjudication in an adult criminal proceeding. A plea of "true" in a juvenile adjudication can be used in a subsequent criminal proceeding - the plea can be used to ultimately enhance an adult punishment.

The court shall also admonish a juvenile that it is not required to accept the plea bargain agreement between the juvenile and the prosecutor. If the court does not accept the agreement, the juvenile can withdraw the plea or stipulation of evidence.

Every juvenile has the right to a jury trial and that right is guaranteed by section 15 of the Texas Constitution . When your loved one is in trouble with the law, you absolutely need a Bexar County juvenile defense lawyer to protect your child's rights so that mistakes are not made that can have devastating consequences in an adult criminal proceeding.

In our last blog entry on the Texas Juvenile Justice System, we introduced the basic purposes behind Texas juvenile justice. The San Antonio and greater Bexar County Juvenile Justice System possesses several distinct differences from the Texas Adult Criminal Justice System. The first major difference is the actual language or terminology used with the Texas juvenile system.

The juvenile equivalent of an adult criminal trial is known as ”adjudication", but it is important to note that the Juvenile Justice Code clearly states that an adjudication is not a conviction. Whereas adult offenders must deal with vocabulary like "arrest, bail, bond, indictment, conviction, and sentence", Texas juveniles have an entirely different set of terms. San Antonio juveniles can be "detained, referred, released from detention, adjudicated, and either placed on probation or be completely separated from their home". The actual allegation against the juvenile is a civil petition, not a criminal indictment. Whereas adult records are subject to expunction, juvenile records are "sealed".

The next major difference between a juvenile offender and an adult offender in Bexar County is the wider array of procedural options available to a juvenile under the Texas Juvenile Justice Code. In a criminal allegation against a juvenile, the alleged crime is classified as either "delinquent conduct" or "conduct in need of supervision". Delinquent conduct is that conduct which violates a penal law and is punishable by jail. Conduct in need of supervision (CINS) generally includes less serious legal violations and certain types of non-criminal conduct, like violations of school conduct policy.

Law enforcement has several choices upon completion of a juvenile criminal investigation. They can either refer the case to a prosecutor or to juvenile services. After the referral, there are four (4) possible paths the juvenile may take leading to disposal. The first path is supervisory caution or deferred prosecutions which are known as informal adjustments under Sections 53 and 59 of the Texas Family Code. This is the most favorable option and it is the option San Antonio juvenile criminal defense lawyers try to obtain for their clients.

The second option is referral to criminal court under section 54 of the Texas Family Code. For example, if the child is over 14 years old and is suspected of a capital felony or a high level drug offense, the child may be transferred to criminal court. it is important to note that any juvenile over 15 may be tried as an adult if the case is transferred to adult criminal court.

The third option is reserved for juveniles with mental illness. Under Section 55 of the Texas family Code, commitment proceedings may be initiated for those juveniles with mental illness.

The fourth option is an adjudication hearing similar to a criminal trial, which is conducted under the auspices of section 54 of the Family Code.

The San Antonio juvenile justice system can be daunting, which is why a Texas juvenile criminal defense lawyer is needed to help you and your child navigate the system. The overarching theme of the system is actually rehabilitation, which is not something the adult criminal justice system is necessarily focused on.

The Texas Juvenile Justice Code has undergone many changes over the past few years as legislators try to balance getting kids to accept responsibility for their conduct and distinguishing between adult crimes and juvenile crimes. The overarching consideration in how to treat juveniles in the criminal justice system has always been what is in the "best interest of the child". Sometimes, what is in the best interest of the child can justify a harsh resolution as much as a lenient one.

Under the Texas Family Code, the juvenile courts have authority over any child provided the child is over the age of ten (10) and was under the age of seventeen (17) when the alleged crime took place. In fact, juvenile courts can adjudicate an act of juvenile delinquent conduct up to the child's eighteenth (18th) birthday provided the events took place before the child's seventeenth (17) birthday. Jurisdiction by the juvenile courts concludes upon the child's attainment of eighteen (18) years of age.

The Texas Juvenile Justice Code, is contained in section 51.01 of the Family Code. The Juvenile Justice Code lists several purposes including but not limited to the protection of the public and public safety. While the Code seeks to promote the concept of punishment and deterrence, it also tries to remove the "taint of criminality" from those juveniles acting unlawfully.

Moreover, the Juvenile Code seeks to give "treatment, training, and rehabilitation” for both the parent and offending child. This concept is probably the most refreshing aspect of the San Antonio and greater Bexar County juvenile justice system - the idea that we are trying to protect and develop the moral, mental, and physical development of children. That purpose is a far cry from the adult penal system with its emphasis on punishment as opposed to rehabilitation.

The San Antonio juvenile system can be also very draconian when needed, because one of the elements of the juvenile code is the removal of the child from the child's parents when necessary for the child's welfare. Finally, the Juvenile Justice Code creates a formal judicial procedure where juveniles are given a fair hearing that protects their constitutional rights.

If your child or a young adult has been charged with a crime, it is imperative that you seek a San Antonio juvenile criminal defense attorney to assist you. The implications of a juvenile criminal record can have lasting effects, and it is crucial you seek a Bexar County juvenile criminal defense lawyer without delay.

In San Antonio and Bexar County, even an uncontested divorce must deal with potentially thorny children's issues, known more commonly as the SAPCR (Suit Affecting the Parent-Child Relationship). The following paragraphs discuss some basic legal concepts regarding children in an uncontested divorce which can be handled by an experienced Bexar County and San Antonio divorce attorney .

Under Texas Family Code, Chapter 153 , parties may enter into a written mutual parenting plan which covers conservatorship, possession, and modification. Under Texas law, the parent-child relationship refers to the legal relationship between the parents and the child. Parents have many rights and duties under the Family Code including a right to physical possession of the child, a duty to support and discipline the child, a duty to manage the estate of the child, a right to represent the child in a legal action, and right to make decisions concerning the child's education.

In Bexar County courts , both the father and mother are each named as conservators, with one parent usually named as the managing conservator. However, the courts presume that appointment of both parents as joint managing conservators is in the best interest of the child. Even in a joint managing conservatorship (JMC), one conservator is given the exclusive right to determine the primary residence of the child with geographic restrictions. A child 12 years of age or older can file a written statement with the Bexar County divorce court , expressing their preference for the parent with the exclusive right to determine residence.

In certain situations, the courts will find it impossible to create a JMC, and they will resort to appointing one parent as the sole managing conservator and one parent as the possessory conservator. This division occurs if for example, one of the parents has been absent from the child's life for a long period of time, there has been abuse and neglect, or the parents have a history of violent conflict. As you can imagine, the sole managing conservator will have additional rights above the possessory conservator, including the right to designate the primary residence and right to receive child support payments.

An important concept all divorcing parents in San Antonio must deal with is child support and medical support. The Texas Family Code sets out a specific formula for the determination of child support. Once the gross income of the non-custodial parent has been determined, then deduct social security taxes, federal income taxes utilizing the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax (usually not applicable in Texas), union dues, and costs of health insurance or cash medical support for the child paid by the noncustodial parent. Once you have a number, then charts in the Texas Family Code can be used to determine the percentage of the net resources up to a maximum amount of $7500. Child support is mandated until the child reaches 18 or matriculates from high school (whichever comes later), or the child becomes emancipated, or the child does, or by some order of the Bexar County court. Child support can be revised every three (3) years if the amount of support would increase or decrease by 20% or $100. Under the Texas Family Code, however, modification of child support can occur after one year if circumstances have materially changed. For assistance with child support issues, consult a San Antonio Divorce and Child Support lawyer .

Many parents who do not want to pay the required child support think they can avoid the obligation by stopping work. However, a skilled Bexar County divorce attorney can submit a claim showing that the individual's actual income is less than what could be earned due to intentional unemployment or underemployment. Bexar County and greater San Antonio courts are now requiring an executed Employer's Order to Withhold at the time of finalization of the divorce decree. The Employer's Order to Withhold is a court-approved order to the employer to withhold a certain amount from each pay check and send it to the child support disbursement unit in San Antonio.

With respect to medical support, the courts presume that the parent responsible for child support, will also assume the responsibility of providing the child's health insurance. In cases where the parent does not have the health insurance available, the other parent's insurance may be utilized and the responsible parent must reimburse these costs to the providing parent. Where there are cases involving a SAPCR or child support, Bexar County Family Law Courts must issue medical support orders, which can be enforced just as child support. The wage withholding order can also cover medical support. Any uninsured expenses are usually split between the parents.

With respect to possession, the Texas Family Code sets forth a Standard Possession Order (SPO), which creates a guide for visitation by the possessory conservator or outlines a time of possession for a joint managing conservator who does not have the exclusive right to designate the primary residence of the child. SPOs are generally applicable to children three years or older. There are two (2) schedules in an SPO depending on whether the parents reside 100 miles or more apart. For parents within 100 miles, the SPO incorporates a weekday possession during the school year and 30 days in the summer. For the over 100 mile situation, the weekday possession is omitted, and 42 days are given in the summer. Some parents are able to agree to a possession arrangement outside the SPO, including alternating possession of the children through a week on, week off schedule. Some parents agree to split custody where one or more children live with a parent, and the remaining children reside with the other parent. Bexar County Family law judges are not likely to approve of split custody arrangements unless there are teenage children who express a clear preference for their residence.

Inevitably as time passes, SAPCR orders may have to be modified. A Texas family law attorney can file a motion to modify with the court that signed the last order - that court maintains continuing, exclusive jurisdiction. If the child has moved since the last order, an attorney can also file a motion to transfer venue with the petition for modification. For assistance with custody arrangements and SPO, contact a San Antonio divorce attorney .

One of the most potentially divisive areas in divorce is the division of the marital property . It should be noted that a marriage relationship under Texas creates three (3) different types of property. The first type of estate is the community property which includes the property owned and the debts owed by both parties. The other two types of property are the separate property owned and debts owed by the husband and wife, known as the separate estates.

Under the Texas Family Code , courts in Bexar County and greater San Antonio operate under the assumption that any property acquired during the marriage is community property. However, the label of community property does not apply to spousal property acquired before the marriage or property acquired by the spouse by gift or inheritance or recovery for personal injuries. Often in a marriage, there will be an intermingling between the marital community property and separate property of each spouse. For example, an economic contribution claim can occur where the principal on the debt of a separate property is paid through community property income. A San Antonio divorce lawyer can calculate potential economic contribution claims based on the type of assets involved and specific formulas through the Texas Family Code. If a spouse contributes time and effort to paying off the principal on the separate property of another estate, a reimbursement claim can arise as well. Economic contribution and reimbursement claims can be placed as liens or judgments on separate property.

There is a common misperception that in Texas, community property is automatically divided equally between the parties, i.e. Texas is a 50/50 state. This perception is not necessarily true. Bexar County courts for example take into account various factors including the fault of the parties in divorce, earning capacity, and the amount of separate property.

There are various ways to deal with community property especially in an uncontested divorce. There are various arrangements that can be worked out with a home with equity and a mortgage. The parties can also work out joint credit card debt and cars financed in both names. Be very careful if you believe your ex-spouse will be paying a debt. Creditors are not bound by the terms of a divorce decree and can try to collect the debt from either party, regardless of the individual awarded the debt in the decree. There are much better alternatives than simply trusting an ex to assume the debt. Transfer the credit card debt to another card and / or refinance the cars.

In an uncontested San Antonio or Bexar County divorce, the attorney can ethically represent only one party. In order to protect himself and you, a San Antonio divorce lawyer will have both spouses complete a sworn inventory and appraisement of their community and separate property assets. If it turns out that one of the spouses failed to disclose some asset or debt, the sworn appraisal will be helpful in demonstrating a spouse committed fraud in obtaining the divorce settlement.

Even in an uncontested divorce , an experienced San Antonio and Bexar County family and divorce attorney can be vital in ensuring a fair and equitable division of marital property.

Even an uncontested divorce can be an incredibly gut-wrenching experience. It pays to have an experienced San Antonio Texas family and divorce law attorney to handle even uncontested divorces. The following items discuss some basic principles in Texas divorce law.

In order to file for divorce in Bexar County, at least one spouse must have lived in the state for at least six (6) months before filing. For Bexar county, there is a ninety (90) day requirement for residence. Texas does permit the filing of a "no fault" divorce, although the parties can include other reasons including cruelty and adultery. The Bexar County District Clerk sets forth specific requirements for the petition and the filing fee.

Generally in an uncontested divorce, once the petition is filed, the Respondent (ie. the spouse answering the petition for divorce) will sign a waiver of citation after he has been provided a file marked copy of the petition. Generally, the Respondent should file an answer to the petition before the Monday following twenty (20) days after service of the petition. Even if an answer is not filed, a default divorce can be overturned in San Antonio where the Respondent is not given notice of a final hearing.

There is a waiting period of at least sixty (60) days after the petition is filed. During the waiting period, either party can request temporary orders which cover a wide variety of topics including spousal support and visitation and child support. Discovery can be sent by a family divorce lawyer to determine the community estate and appraisers can be hired to determine the value of disputed assets like businesses and real estate.

The Texas Family Code outlines several options to negotiate settlement including mediation, arbitration, and collaborative law. For additional information, you can visit the Collaborative Law Institute of Texas. Note that settlement agreements reached in mediation are binding if there is no statement that the agreement is subject to revocation.

In a Texas uncontested divorce, provided the parties are in agreement, a Texas divorce attorney can assist in the drafting of an Agreed Final decree of Divorce, which will cover various aspects including the property awarded to each party, disposition of debts, children's issues, name changes, and tax agreements. Various Texas counties will also require an Employer's Order of Withholding at the time the divorce decree is entered to cover child support. Once the parties have signed off their approval on a decree of divorce, a San Antonio divorce lawyer can assist in the "prove up hearing". Once a Bexar County or other judge signs off on the decree , it will betaken to the District Clerk for entry. Either party has thirty (30) days to appeal the decision. They may not re-marry any other person until the thirty day period has passed - they can however remarry each other.

Although many people believe they can handle an uncontested divorce on their own an uncontested divorce should still be handled through an experienced attorney. Uncontested divorces can be easily mishandled without an attorney leading to greater headache and expense than if an attorney was brought in from the beginning.