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Are attorneys necessary in uncontested divorces?

If you are interested in the process of obtaining a divorce in Texas, you have probably come across the idea of uncontested divorce. This option is available, under specific conditions, to married couples in the state. This type of divorce typically requires less time and fewer resources, and is therefore potentially desirable if you meet all the requirements. Even with the simplified process, legal advice may still be useful if you are considering using this option in certain circumstances.

Having an attorney's perspective might secure the divorce terms for the future. Even if you and your partner agree now about the terms of the divorce, there is no assurance as to the continuation of such an agreement. Furthermore, improperly executed divorce agreements might have repercussions for you and your family that few people, other than legal professionals, would be likely to foresee. Hiring a lawyer to handle your divorce negotiations and paperwork might not guarantee future harmony, but it might forestall certain issues stemming from predictable problems with the agreement.

You might also think about hiring an attorney to mediate, so that you reach the most favorable agreement possible with your spouse. As mentioned in the FindLaw section on the Texas divorce process, uncontested divorce finalizations require a cooling-off period. The divorce might become complicated during this time if either party decides that the agreement was not to his or her benefit. There is also a period after the finalization during which your spouse might appeal the recently official divorce. 

Hiring an attorney might not completely negate the chance that your partner becomes uncooperative during uncontested divorce proceedings, but legal experience is likely to reveal common pitfalls that other couples have experienced. This information is not meant as legal advice. Please review it as education about the potential complications of uncontested divorce.


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