Questions About Uncontested Or Agree Divorce?

Divorce is the legal process of ending the marital relationship and legally untangling spouses’ lives.  But, it’s so much more than just the legal process.  A divorce changes lives, property, homes, children and so much more. As a divorce professional, with over 20 years’ experience Attorney Jill O’Connell will assist you with the divorce process.

Divorce in Denton & Surrounding Areas

What does a divorce look like in Texas? 

The legal portion of a Texas divorce starts when one files a written request for a judge to grant a divorce (Original Petition for Divorce) based on either a particular reason or bad actions (grounds) or no specific accusation of bad actions (no fault grounds).  A no fault divorce filing or written request for a judge to consider (divorce pleading) would include formal, legal language that the marriage had suffered ‘due to discord and conflict of personalities’.

However, it’s likely the divorce started long before the divorce legal process started.

A divorce sometimes starts when two spouses begin to discuss divorce, or one spouse or both spouses start to think about divorce but don’t actively talk about divorce.  That time before the divorce legal process starts can also set the tone for the divorce.

Legal Process of Uncontested or Agreed Divorce

The legal issues in divorce include dividing all of the property accumulated during the marriage, and any spousal support questions or issues, and everything having to do with the children of the spouses.  Texas divorce property questions and issues include real property, financial accounts, motor vehicles and any other property acquired during the marriage.  A divorce in Texas may include spousal support issues in certain divorces and, if the spouses agree, alimony.  The areas that have to do with children in divorce will be child support, parent rights and duties, and parenting schedules and any co-parenting provisions the parents want to include.  Debts and liabilities also need to be addressed and included in the final divorce documents in Texas.

Agreed Divorce

Texas divorce lawyers know from statistics that most divorces end by agreement of some kind.  Either the spouses reach an agreement on their own or with assistance.  An agreed divorce means that the spouses agreed on all of the questions or issues in the legal part of the divorce.  Some divorces begin with spouses having an agreement on everything in the divorce, and other divorces begin with the divorcing couple having an agreement on some issues and not able to see eye to eye on other divorce questions yet, and know they want to work on reaching agreements on those other divorce issues.

When divorcing couples don’t have agreements on every divorce question in their divorce, they still have the opportunity to reach agreements in several ways including on their own and with assistance by their divorce attorneys or a divorce mediator.

Agreed divorces where the spouses have agreed on all the questions right away or with very little property and no children involved can be concluded in less than 3 months.

Mediation

Mediation is a process of divorce agreement assistance.  A mediator is a neutral professional who is trained to help people reach agreements on issues.  People going through divorce can use mediation with their divorce attorney or on their own to reach agreements on all or some of the issues in their divorce.

However, not every divorce will resolve all issues in mediation.  In that case, there is always the option to present the divorce questions to a judge to have the judge decide.

Litigation

Not every divorce will conclude by agreement.  In that case, the divorce can be resolved by presenting the questions or issues to be decided in the courtroom.  In Texas, depending on the issues, the one making the decisions in the courtroom could be a jury or a judge.  A divorce attorney isn’t required to present a divorce in court in Texas.  However, Texas divorce attorneys are trained in the rules and requirements of presenting cases to the decision makers in a courtroom.

Your divorce goals are important to determine your divorce plan and strategy.  Jill is available to meet with you to discuss your questions, plan, and strategy whether you are at the beginning of divorce, in the middle of divorce or finishing a divorce.

Jill understands that divorce is more than just the legal process.  Her years of experience provide the backdrop to her assisting clients through the divorce process with focus on the issues and questions that are important in each case.

Jill O’Connell is a member of the Texas Bar, a Texas Bar Foundation Fellow and a Fellow of the Texas Bar College.  As a Fellow of the Texas Bar College, she has completed twice the Texas Bar required legal education each year, for 10 years.  In the last 12 months alone, she has completed online mediation training, divorce coach certification, and an additional 20 hours of mediation education.

 Schedule an appointment online today. Call 940-497-5454