Fort worth agreed divorce lawyers represent clients in Fort Worth and other parts of Tarrant County in agreed or uncontested divorces. Agreed divorces are divorces in which the parties agree to the terms of the divorce before or shortly after filing a petition for divorce. Agreed divorces are a cheaper route for divorce because it avoids many of the more costly aspects of litigation. An agreed divorces are not right for every divorce in Tarrant County but for many people they can be a way to take a lot of the stress, time and money out of a divorce.
Agreed divorce in Fort Worth, Texas
Although agreed divorces take out a lot of the cost and difficulty of a Fort Worth divorce, an agreed divorce is not without its challenges. An agreed divorce is still a divorce under the Texas Family Code and must follow the same processes and law. The divorce decree at the end of an agreed divorce is equally as binding and problems with the divorce decree language can lead to massive problems for both custody and property issues.
Problems drafting child custody and support orders
Vague custody schedules can cause confusion down the road. Errors in the child support language can lead to problems collecting child support or unintentionally collecting too much child support and causing financial problems for both parents. At best the former spouses will spend considerable sums returning to court to modify those orders. Often it is better to spend a little money upfront on Fort Worth agreed divorce lawyers than spend a lot of money later to fix one of these problems.
Problems drafting property division orders
Dividing property in an agreed divorce can be even more of a problem because there are very few ways the Texas Family Code allows the parties to change the property division after the divorce is granted. The biggest problem dividing property is how the parties divide debts and property attached to debts. A divorce may not change a creditor’s rights so figuring out how to divide liability in the divorce and set up a system to pay the debts is not always an easy task. Improper drafting or a poorly constructed property division can lead to financially dangerous situations with little or no legal recourse. Poor drafting can also create problems dividing retirement plan benefits and other financial assets and cause problems with titles to homes and vehicles.
Agreed divorce process in Fort Worth, Texas
An agreed divorce in Fort Worth follows the same process and procedures as any other divorce in Texas. The divorce begins by filing a divorce petition and serving the respondent spouse. (The respondent may sign a waiver of service.) After waiting at least sixty days the parties may schedule a hearing to ask the judge to sign the divorce decree. One or both spouses will appear for a prove up hearing to present evidence to the judge and ask for the judge to grant the divorce. It is up to the parties or their divorce lawyers to draft these documents. If the divorce decree is defective the judge likely will not sign the decree; but the judge cannot offer legal advice how to fix the decree. If the judge signs the decree then the parties are divorced.
When neither party has a Fort Worth agreed divorce lawyer the court will schedule the prove up hearing on its pro se docket. The family courts in Tarrant County only hear so many pro se divorces daily and people wait months to get their day in court. If the judge cannot or will not sign the decree then you may have to fix the decree and then schedule a new hearing months out. Parties with divorce lawyers are free to schedule prove up hearings at the daily open docket once the sixty day waiting period to grant a divorce expires. This alone can be a good reason to pay for a flat fee uncontested divorce.