September 2011 Archives - DentonTexasDivorce.com

About Uncontested Divorces

September 29, 2011 By Duane L. Coker 2 Comments

For better or for worse, it is relatively easy to obtain a divorce in the United States; that is, it’s relatively easy if the divorce is uncontested. Uncontested does not mean that the spouse agrees to get divorced, as it sounds like it would. Instead, uncontested means that both spouses agree on all terms of the divorce. This includes property, finances, AND custody and visitation of the children. For many couples who qualify for an uncontested divorce, they have already separated, split their property, and have a set visitation/child support routine. Filing a divorce for these couples is usually just a formality, but an important one because, especially in states like Texas, with no “legal separation“, until you complete the divorce, you remain married for all purposes, including the accumulation of community property and liabilities.

If you happen to have a true, uncontested divorce, the process can be simplified. The key (again) is that you and your spouse have to agree on everything, including the visitation and custody terms for your children. If you disagree on something even slightly, you may need a more traditional approach. However, if you truly have an “uncontested divorce” online, or online Lawyer-assisted, services, like SimpleTexasDivorce.com can be great low cost alternatives.

Do note, however, that once you and your spouse agree to an uncontested divorce, and you decide to do it yourself, you go through the process, and finalize your case, your divorce is final. If you need to change any of the terms of the divorce, and your ex-spouse does not agree to do so, you will need to hire an attorney to modify your divorce decree. Generally, you can only modify the terms of a decree when it comes to child support, child custody and other child-related provisions. And, even then, only under certain specific circumstances. You really do need to try to get it the way you want it the first time, even if that requires hiring an attorney and/or doing a divorce consultation.

If you would like to learn more about filing an uncontested divorce either by yourself or with an attorney, please visit our website dedicated to providing accurate and complete”uncontested divorce kits.” Of course, if you have a contested divorce on your hands, we would be more than happy to assist you with that as well.

Filed Under: Divorce

Road to an Amicable Divorce – Collaborative Law

September 28, 2011 By Duane L. Coker Leave a Comment

It’s no secret or mind-bending revelation that divorces can be painfully emotional experiences. While the end result may be what is best for you and your family, the process to get there is rarely a pleasant one. However, there is a way to help lessen the emotional strain on you, your spouse, and your children. The only requirement is that you and your spouse agree to agree to compromise.

This road to a less adversarial divorce is called Collaborative Law.

Collaborative Law takes your divorce out of the courtroom entirely. Everything that happens is between you and your spouse, and not a Judge. Therefore, you won’t have to wait on the crowded Court docket for trial to start. You won’t have to sit on the witness stand. Your spouse will never be provoked during cross-examination. In other words, most of the confrontation found in divorce is taken out of the equation. This alone helps remove most of the stress from a divorce proceeding.

However, you can only have a Collaborative Law divorce if both you and your spouse agree to do so. Not only that, but both of you have to be willing to sign an agreement that confirms your commitment to try to settle out of court. Even your attorneys will be bound by the agreement, and they will also have to agree to disqualify themselves from future court proceedings if the Collaborative Law process fails. These agreements solidify to both the spouses and the attorneys that all of you are deeply committed to working with Collaborative Law.

Collaborative Law procedures also drastically reduce the amount of paperwork for both sides. Most negotiations are discussed face-to-face in “four-way meetings” with the parties and their attorneys, which results in very few letters mailed and faxed. Not to mention, think of all the extra paper and copying expenses that are saved since the attorneys do not have to file countless pleadings with the Court.

At these meetings, everyone remains on a first-name basis and the tone is kept as cordial as possible. All four involved work together to find the best solutions for the spouses and their children that everyone–including the attorneys–can agree to. This process of the four-way meetings helps maximize the possibility of a successful and amicable settlement to be reached. On average, more than 85% of all Collaborative Law proceedings are successful. While all litigated divorces are successful — you ultimately end up divorced – the odds that both parties are happy with the result, would have agreed with the result, or have avoided the relationship-damaging effects of litigation are certainly less than 85%.

Once an agreement on all matters has been reached, the parties draft and sign a document detailing the settlement, and then the document will be filed in Court for the Judge to approve. Once the Judge approves, the agreement becomes a legally binding order, not unlike a contract.

Since this method for divorce is so unique and specialized, only attorneys who have received specialized training in Collaborative Law generally represent parties in a Collaborative Law divorce. Collaborative lawyers are trained specifically to help their clients negotiate, learn what is realistic and what is not, and to ensure that the agreements made are indeed best for the children. The process is further improved under the model most commonly used in Texas, which usually incorporates other, neutral professionals to assist with the financial and emotional, including child-related, portions of the case.

If you believe that a Collaborative divorce is right for you, be sure to talk to your attorney about it before you get too far into your divorce proceedings.

Filed Under: Collaborative Law

What do I Need to Know about Child Custody?

September 26, 2011 By Duane L. Coker Leave a Comment

Before you start thinking that your divorce is going to need a Court adjudicated (decided by the Judge) child custody schedule, know this first: you will only need one if you and your spouse cannot come to an agreement about your child custody situation. If the parents can construct an agreement that they’re both happy with, then there is no need for court involvement. If you and your spouse cannot agree, then here is what you can expect from the child custody process.

First, your attorney has to file a motion–either included in the divorce petition or separately–to start the process. The filing parent must notify the other parent at the time of the filing, and then the other parent gets a finite time to respond with their own filing. Eventually, the parents will have their day in court to discuss the issues, but until this time, the child is not left in limbo. One or both parents will ask the Court to enter Temporary Orders providing for the temporary conservatorship, possession, support, and medical costs of the child.

It is rare in a true “custody battle” that the parents can agree on Temporary Orders, as neither parent wants to give the other parent a perceived or real advantage by having primary possession of the child while the custody case is being litigated, however, sometimes it is possible. Often, in these cases, when there is an agreement, the parents reach it by agreeing to a 50/50 plan so that neither parent has more time with the child than the other. Absent agreement, the parties can present their proposed temporary plan to the Court in a temporary hearing. This can result in litigating the custody issue twice, both at temporary and final hearings, and can be extremely costly.

However, if a temporary agreement is reached, be advised that your temporary orders should be finely crafted and express exactly what you want, especially in terms of the visitation schedule. Temporary orders often become permanent, because the divorce and/or child custody process takes a long time. The minimum time is around 4-6 months, and if your case has a high amount of conflict, it could take up to two years. Long standing temporary orders have a way of becoming permanent because, after years of following the schedule, the Courts could take an “if it ain’t broke, don’t fix it” approach and adopt a final order that closely resembles what the parents have been doing.

For lots of reasons, Courts prefer that child custody issues be resolved by agreement, often in mediation, which brings in an unbiased third party into the mix to help both sides reach an agreement. Mediation helps reduce the amount of conflict between parents over children, thereby reducing stress on the children during this emotional process. In cases where it’s appropriate, the Collaborative Law process may be a better alternative to traditional mediation. If negotiations break down in mediation, then the issues will go before the court in trial. If this happens, then your case will definitely fall into the lengthy category.

The biggest lesson and key in child custody is to do everything you can to agree with the other parent on at least part of the child custody issues. It’s better for the both of you, for the child (most important), for your time, and your overall costs.