Key Elements of an Uncontested Divorce in San Antonio, Texas

An uncontested divorce is a divorce in which both parties agree to the terms of the separation without needing to go to trial. Uncontested divorces are rare for the fact that the terms of a divorce typically include touchy issues such as the division of property, the distribution of debt, child custody and child and spousal support. However, because uncontested divorces move through the court systems much faster than contested dissolutions, they are less expensive and time consuming for both parties. For this reason, most couples strive for an uncontested separation. Unfortunately, not many couples are successful in their endeavor. Divorce is never easy, and unexpected issues almost always arise. However, if you and your spouse are determined to settle your differences as quickly and inexpensively as possible, an experienced uncontested divorce attorney in San Antonio, Texas recommends doing the following before filing a petition:

Come to an Agreement on Key Issues

First and foremost, you and your spouse should agree on issues such as asset division and alimony. Keep in mind that Texas is a community property state, meaning that all assets acquired during the marriage are considered marital property. If your case goes before a judge, the judge will split everything 50/50, regardless of who paid for what. If you want to prevent this from happening, sit down with your spouse and try to distribute your assets equitably and evenly. If you have trouble doing this, meet with an uncontested divorce attorney in San Antonio, Texas for advice.

Next, consider alimony. If one spouse worked during the marriage and the other stayed home with the children, how much should the stay-at-home spouse receive until they’re able to support themselves? If both spouses worked during the marriage, you could agree that alimony is not necessary.

Come Up With a Parenting Agreement

Child custody will undoubtedly be the most challenging aspect to settle. You and your spouse need to decide who your child will live with, how much time they will get to spend with each parent and which parent gets to make a majority of the major decisions, such as where the child will go to school, what religion they’ll practice, etc. You will also need to determine who will be making child support payments and how much they should be.

Divorce is never easy, but if you and your spouse can get on the same page until the separation is final, you can be done with the process in record time and with as little headache as possible. If you’re ready for an uncontested divorce, reach out the Law Office of Steven C. Benke to speak with an uncontested divorce attorney in San Antonio, Texas today.