Legal Tips to Use in an Uncontested Divorce

January 23, 2018

There are two kinds of divorce; contested and uncontested. In a contested divorce, the parties wishing to dissolve their union fight out their differences in court. In an uncontested divorce, the parties still have to go to court but no fighting is involved. With uncontested divorce, the parties ask the court to approve their divorce agreement. Simply put, the work of the court is to ensure that the parties are aware of the terms they are agreeing to and that they meet the state requirements. Even where there is no fighting involved, when it comes to the uncontested divorce, it is imperative that you consider these legal tips.

Don’t trust too easily

The worst mistake you can make is that of letting your guard down during a divorce. Even though you are not fighting and have reached a decision amicably, it is not recommended to be too trusting. You still need to do your research and investigate to make sure the assets and debts have all been disclosed. You don’t want to agree to take debts you don’t know about, do you? Your attorney will help with the investigations. Prior to signing the contract, make sure you know everything there is to know about the agreement you are making, more so when it comes to the debts and assets.

Retain a personal lawyer

The fact that you and your soon-to-be former spouse are not fighting doesn’t mean that you should use the lawyer recommended to you by your spouse. It pays to retain your own lawyer. The key reason here is because your own lawyer is unbiased. He will not make decisions in favor of your spouse. Even if you are a lawyer yourself, it is still advisable to retain an attorney. The last thing you want is to make hasty decisions simply because emotions clouded your decision. There are many law firms you can turn to when it comes to uncontested divorce Houston.

Hire a third party appraiser

Even with the uncontested divorce, you will still have to deal with the separation of assets. This gets harder when it comes to the costly communal personal property such as furniture, cars, collectibles and electronics. To avoid being short-changed, you should consider hiring an independent appraiser. He will assess the value of the property and help attain a fair division.

Engage a mediator

A contested divorce is pretty expensive. You should avoid it by all means possible. Even with the uncontested divorce, it is very easy for things to get sour. The process might blow up simply because of a few contested issues. In this case, you need to consider working with a mediator to help you come up with a favorable solution. While working with a mediator will increase the costs, it will save you a lot more when you avoid a contested divorce.

These are important tips you need to use in an uncontested divorce. The rule of thumb is to measure twice and divorce once. There are no second chances once the court gives its ruling. Make sure everything is in order before you go to court.

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Andi Perullo de Ledesma

I am Andi Perullo de Ledesma, a Chinese Medicine Doctor and Travel Photojournalist in Charlotte, NC. I am also wife to Lucas and mother to Joaquín. Follow us as we explore life and the world one beautiful adventure at a time.

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