WHAT IS AN UNCONTESTED DIVORCE?
An uncontested divorce is one in which both spouses reach an agreement together about their property, debt, child custody and support without the need for mediation or court intervention.
WHY SHOULD I WANT AN UNCONTESTED DIVORCE?
An uncontested divorce is the single option that keeps you and your spouse in control of the process. You decide the timing, the cost, the property division, the child issues. And you remain amicable. When you cannot agree, the process can become costly, stressful, and you leave a decision in the hands of a stranger. Take control of your future!
WHY CAN’T WE DO IT OURSELVES?
You can! But there are a lot of complexities to divorce and protecting yourself in the future. Our Divorce Your Way package is for the person who wants to represent themself, but have the guidance of an attorney, and the assurance that all documents are prepared in a way that truly protects the agreement both spouses have made. Or if you would rather have Divorce Concierge be your attorney, and handle everything for you from beginning to end, we are here to help you with our Divorce By Us package. You are always in control of the process.
HOW LONG WILL IT TAKE TO FINALIZE MY DIVORCE?
Texas law requires that your divorce be on file 60 days before it is final. With Divorce Concierge you control the process and the time frame so long as you wait at least 60 days from filing to final order.
HOW MUCH WILL IT COST?
It is all up to you! At Divorce Concierge we have several packages to select from with varying degrees of attorney assistance, so you are the one in control of your legal bill. Check out our prices HERE.
CAN YOU REPRESENT BOTH SPOUSES?
No. Unfortunately, a lawyer can only represent one party to a legal case. The spouse who engages Divorce Concierge will be the client. At Divorce Concierge you have two options. You can choose to represent yourself and Divorce Concierge will draft all necessary documents that reflect the agreement you have reached and provide them to you with step-by-step instructions. Or you can elect to be represented by our attorney with Divorce Concierge, who will not only meet with and advise you about your best course of action, but then create all documents and finalize all aspects of your uncontested divorce.
CAN YOU MEDIATE FOR US?
Although our attorney is also a mediator, Divorce Concierge cannot represent a client and then mediate the case, as it would be a conflict of interest. The attorney at Divorce Concierge can meet with you to help you determine what options are best for your situation.
MY SPOUSE AND I HAVE NOT YET REACHED AN AGREEMENT YET. CAN I STILL USE DIVORCE CONCIERGE?
Yes! However, in order to complete the process with Divorce Concierge you will need to reach an agreement with your spouse. If your divorce becomes “contested”, we are here to help too!
I THINK I CAN REACH AN AGREEMENT WITH MY SPOUSE, BUT DON’T KNOW WHERE TO BEGIN. CAN YOU GUIDE ME?
Yes. Often people plan the divorce process well in advance of filing. Book An Appointment with Divorce Concierge to discuss divorce planning. An attorney will guide you on what documents to gather, how to possibly divide your estate, how to develop a parenting plan, and how to present a proposal to your spouse, so you save time and money once you are ready to file.
WHO GETS TO STAY IN THE HOUSE?
In an uncontested divorce, you make that decision. However, many factors may influence this decision, such as the title to the property, whether it was acquired before marriage, the name on the debt, as well as the value of other assets. Our Divorce Concierge process can help you make this decision.
DO I HAVE TO HAVE MY SPOUSE SERVED?
No. The beauty of Divorce Concierge and your uncontested divorce is that you control the process and the conflict. We will provide a Waiver of Service for your Spouse to sign along with the Final Decree of Divorce that reflects your agreement. However, if your spouse does not sign the Waiver of Service, the divorce will no longer be considered uncontested.
MY SPOUSE IS IN CONTROL OF ALL OUR ACCOUNTS AND ASSETS, BUT I WANT TO SAVE MONEY. CAN I STILL USE DIVORCE CONCIERGE?
If you do not have sufficient knowledge of your estate to make an informed decision, an uncontested divorce with Divorce Concierge is probably not the best option for you. For more information, Book An Appointment.
IF THERE IS DOMESTIC VIOLENCE, CAN I STILL PURSUE AN UNCONTESTED DIVORCE?
If you are a victim of domestic violence, you should first take steps to ensure your safety. The nature of domestic violence and the personalities involved make it difficult to pursue an uncontested divorce. For more information, reach out to our team at Divorce Concierge for guidance.
I JUST MOVED TO TEXAS LAST MONTH. CAN I FILE FOR DIVORCE TOMORROW?
Not in Texas because Texas law requires that you be a Texas resident for 6 months before filing for divorce. Your options are to divorce in the state of your last residence, or plan for your uncontested divorce now so you can file once you have met the residency requirements.
DO BOTH SPOUSES NEED TO RESIDE IN TEXAS?
Only one spouse is required to reside in Texas. However, if you have children and the children do not reside in Texas, the Texas court may not be able to address custody and child support.
HOW DOES CHILD SUPPORT WORK?
In Texas, child support is set according to a formula based on a percentage of the child support obligor’s net resources. The team at Divorce Concierge will assist you in calculating child support. It is up to you to determine how they will apply in your case. Child support, once ordered, will be paid through the State Disbursement Unit and Divorce Concierge can draft the Withholding Order and help you set up your child support account.
I WANT EQUAL TIME WITH MY CHILD. HOW DOES THAT WORK?
In Texas, most parents utilize a Standard Possession Order, which essentially means that the child will reside with one parent and visit with the other parent overnight one night during the school week and on alternating weekends, with both parents dividing holiday time and summer. This arrangement does not always meet the needs of families. At Divorce Concierge, we offer additional custom provisions that allow for equal access and possession.
WHAT IF I CHANGE MY MIND AND DECIDE TO STAY MARRIED?
First, congratulations on making a decision that is right for you. Once you have filed for divorce and change your mind, we can process the paperwork to dismiss your case.
CAN I RECEIVE SPOUSAL MAINTENANCE?
Possibly. If you have been married 10 years, you may qualify for spousal maintenance. However, if there is no agreement between you and your spouse, then a request for maintenance would mean your divorce is no longer uncontested. At Divorce Concierge we can provide orders for agreed spousal maintenance.