Divorce is a difficult period in anybody’s life. In our area, many couples wish to avoid the expense and emotional toll of fighting throughout the process and feel that they can come to a mutual understanding without the need to hire a New Braunfels divorce lawyer for an uncontested divorce. However, there are several crucial issues related to any divorce, including uncontested divorce, that a qualified attorney will identify and address to avoid running into inevitable problems in the future. Not hiring an attorney is rarely advisable. This is particularly true the longer the marriage lasts, when there are children involved, and the more assets accumulated.
Usually for a flat fee, a qualified San Antonio uncontested divorce lawyer will explain issues related to property division, child custody and support, spousal support, preparation of the divorce petition and final decree, name changes, tax issues and other related matters. Addressing all of these questions from the outset with an attorney will save time and money in the future when these matters inevitably come up if left ambiguous or unaddressed.
Even though spouses may think that they have worked out an acceptable division of property for both sides, a lawyer may help point out issues that parties don’t realize exist. For example, it is important to know that despite a divorce decree that assigns a marital debt to one spouse, creditors can still seek payment of the debt from both spouses since they are not bound by the decree. A divorce attorney will help identify better solutions that will not expose clients to debts and other liabilities that their ex-spouse has agreed to undertake.
In other cases, an ex-spouse may fail to disclose assets that make the agreed-to division disadvantageous for the other spouse. A good attorney will protect their client by requiring that both parties file sworn statements of their assets that can later be used to prove that fraud in obtaining the divorce settlement. For more discussion of these issues, please see our related blog posts related blog posts here.
Child Support and Custody
Child support and custody issues are complicated and dealing with the process is made easier with the advice of an attorney. Legal professionals in our area can explain child custody laws in Bexar County and the concept of conservatorship. This includes issues like which conservator has the right to determine the child’s residence, what geographic restrictions Bexar County courts place on this determination, the weight of the child’s preference, the difference between managing and possessory conservators, and a host of similar issues.
A San Antonio uncontested divorce lawyer will be especially helpful in navigating the intricacies of the Texas Family Code as it relates to child support and medical support. The attorney will help their client calculate the amount of child support according to a specific formula set out by the Code. A lawyer can also explain support modification and issues like support avoidance by stopping work and Employer’s Orders to Withhold. In addition, in uncontested divorce it remains crucial to discuss medical support for the child, including medical insurance.
A lawyer will also explain possession and visitation rights as set out in the Texas Family Code. When children are involved, and there is a chance that misunderstandings may arise in the future, it is important to set out the rights and responsibilities of each parent from the outset in order to avoid emotional and monetary costs in the future.
Uncontested Divorce Attorney
Most attorneys work on an uncontested divorce for a flat fee, which is significantly less costly than the hourly rate charged by attorneys for a contested divorce. The attorney’s fee will usually include the cost to prepare the petition and divorce decree as well as preparation of the waiver of service and withholding and possession orders if needed. An attorney will also be able to discuss issues like court costs, warranty deeds, name change, permanent injunctions, waiting times, living requirements, filing deadlines, and many other issues.
It is important to point out that an attorney cannot represent both parties, but if the divorce is amicable and the parties indeed agree to the major issues, there is often a level of trust between the attorney and both parties.