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What is an Uncontested Divorce?

An Uncontested Divorce is a divorce where one party files the divorce petition and the other party signs a waiver of service allowing for the completion of the divorce without further notice to him/her.  This means that a divorce decree may be presented to and signed by a Judge without that decree first being reviewed by or agreed to by the party signing the waiver of service.

a. An uncontested divorce is the least expensive divorce option.  However, it is not very often that a party is willing to sign a waiver of service where the right to participate in the divorce process or review and/or agree to the terms of the decree is waived.

What is an Agreed Divorce?

An Agreed Divorce is a divorce where the parties, either at the time of filing the divorce or at least prior to appearing in Court for a final trial, reach agreements on all their divorce related issues without court intervention:

a. With respect to children, it means that agreements have been reached by the parties regarding child custody and child support, including who will provide health insurance for the children and who will be responsible for any uninsured medical expenses incurred on behalf of the children.

b. With respect to the division of property, it means that agreements have been reached by the parties as to how to divide the community estate and, in addition how to divide the debts that have been incurred by the parties during the term of the marriage.

c. With respect to spousal support, it means that agreements have been reached by the parties as to whether spousal support will be paid by one party to the other, how much spousal support will paid and the length of time spousal support will be paid.

One of the benefits of an agreed divorce is that it normally costs significantly less than a contested divorce.  In addition, an agreed divorce can often be finalized sooner than a contested divorce.  Finally, the parties do not have the stress of appearing in Court and testifying.

What is a Contested Divorce?

A Contested Divorce is a divorce where the parties are unable to agree on one or more of their divorce issues.  Because there are disputed issues, the parties are required to appear in Court, introduce evidence as to what they want and why, and then ask the judge to make a decision relating to the children, to the division of property and debt, and/or to spousal support. Whether the parties disagree on one issue or multiple issues, if the parties are required to appear in court for a final resolution, the divorce is considered a contested divorce.

a. A contested divorce can take more time, can generally cost much more than an uncontested or agreed divorce and can be much more stressful and emotionally charged.

What is a Collaborative Divorce?

A Collaborative Divorce provides an alternative process to the litigated contested divorce. A Collaborative Divorce is a divorce where the parties are not in agreement as to their divorce issues but agree that they want to try and resolve their contested issues by participating in negotiation sessions that involve a collaborative team.  The collaborative team is usually comprised of their attorneys, a financial neutral and a mental health neutral.  Rather than putting their issues to the Judge for resolution, the parties have agreed that they will attempt to work together with their collaborative team to find creative solutions and reach agreements on important issues without court intervention.

a. As opposed to the litigation process, the collaborative process is all done outside of court, it is private and confidential, it is customized to parties’ particular situation and when children are involved, it is child centered.

b. It allows the parties to work together to resolve their issues and thereby maintain a positive post-divorce relationship with one another.  This can be especially important when the parties will need to continue to co-parent children after the finalization of their divorce.

Megan Rachel has extensive experience in handling all different types of divorce cases.  Whether you have an uncontested, agreed, highly contested divorce, or if you think the collaborative approach would best fit your needs, would like proceed collaboratively, I am here to help.

Contact me online or call 214-396-2048 to schedule a consultation to discuss your family law needs today.

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A prenuptial agreement is an agreement/contract entered into by two parties before marriage. 

A prenuptial agreement is generally used to predetermine how assets will be divided if the marriage does not work out and the parties get divorced.

Upon marriage, a spouse usually has the following rights, unless a prenuptial agreement states differently:

• The right to share in the ownership of property acquired during marriage, with the expectation that this property will be divided in a just and equitable manner in the event of divorce.
• The right to incur debts during the marriage with the expectation that the other spouse may be required to be at least partially responsible for the payment of in the event of divorce, and
• The right to share in the control of any community property, including the right to sell it or give it away. 
• A prenup lets you decide before the marriage even takes place how your property and debts should be handled both during the marriage and, if things don’t work out, upon divorce. 

Who Needs a Prenuptial Agreement?

If a party has significant assets coming into the marriage, a prenuptial agreement is something that should at least be considered.  However, this is not the only reason a prenuptial agreement may be important for you.  A lot of times the need for a prenuptial agreement has more to do with the unequal amounts of money each party may have at that time of their marriage rather than the overall value of the assets.  If one party makes significantly more than the other party or if one party has significantly more assets than the other, it is important to consider a prenuptial agreement.

It is important to note, that Texas is a community property state which means that under Texas law it is assumed when divorcing that everything the parties own at the time of divorce is part of the community estate.

If no prenuptial agreement has been signed, and a party files for divorce and claims that certain assets or accounts are separate property rather than community property, it is the burden of the party claiming separate property to prove that such property is in fact separate property and not community property.  This may require the party to hire one or more tracing experts to prove the claim of separate property.  This can be an expensive and laborious undertaking; possibly much more so than the cost of a prenuptial agreement.

A prenuptial agreement not only protects those assets that are in existence at the time of marriage, it can also protect future assets.

For example, if you have a 401(k) retirement account you can agree, through a prenuptial agreement, that any funds added to the account during marriage shall remain separate property funds. This is the same with any type of financial accounts.  You can agree through a prenuptial agreement that any funds added to your investment accounts or other financial accounts shall remain your separate property funds.

A prenuptial agreement can also protect each party from the debts that may be incurred by the other party during marriage.  You can each agree that whatever debts are incurred by a party during marriage shall be their debts if divorced.

What a Prenuptial Agreement Can Not Do

A prenuptial agreement cannot predetermine the custody of your children or who or how much child support will or will not be paid.

What is a Postnuptial Agreement?

If the couple does sign a prenuptial agreement before marriage, they can sign a postnuptial agreement after marriage.  A postnuptial agreement will cover the same rights and obligations as a prenuptial agreement.  The main difference between a prenuptial agreement and a postnuptial agreement is that a prenuptial agreement is created and signed by the parties before they get married and a postnuptial agreement is created and signed by the parties after they get married.

There are many reasons a person may choose to stay in a difficult marriage and a lot of those reasons are related to fear.

It may be Fear of the Future, Fear relating to the impact of the divorce on your children, and Fear of being alone.  The idea of getting a divorce can be scary.

Fear # 1 – Fear of The Future.

This is a fear most people have when contemplating divorce. Your fear may be very logical and real. You do not know what the outcome will be.  You need assurance that everything will be alright; but the assurance is not there.  It is not unusual to have anxiety over questions such as where you will live, how you will pay the bills, how you will financially afford to take care of your children, etc.  No one knows what the future holds.  This is true whether you stay married or not.  As a married couple you may be financially secure today, but as we have recently seen with the onset of the Covid-19 Pandemic, that may not be necessarily true tomorrow.  You cannot let fear of the unknown paralyze you into inaction. While you cannot predict the future, you can plan for it.  You can set goals and have visions for your life. When making the decision to divorce, be proactive by putting yourself in the best position to be successful when your divorce is finalized.  Make sure you have support, spiritually, emotionally, financially socially and legally.

Fear # 2 – Fear of the Impact of Divorce on Their Children.

Some people stay in a relationship for the “benefit” of the children.  They fear that a divorce may have negative and everlasting effects on the children.  However, it is not always better for your children to stay married.  It is important that you understand your children’s feelings about divorce and that you empathize with those feelings.  You need to be able to talk to them about how a divorce may impact them.  However, the thought that staying in a bad marriage is somehow better for your children may be more of a justification of why you believe you should be afraid to proceed with a divorce.  What can be more traumatizing for a child of divorced parents is a child that lives in a home filled with negative emotions, tension, and chronic conflict. Children absorb these feelings and can even believe they are responsible for them. If you are in an unhappy marriage or a marriage with constant conflict and make the decision to end your marriage, you might just be modeling for your children that they do not have to be passive participants in their own unhappiness.

Fear # 3 – Fear of Being Alone

Many people are afraid of being alone.  They fear that if they divorce, they will be alone forever.  They are afraid that they have been part of a couple for so long that they will never learn how to be an individual again.  Marriage with all its imperfections and frustrations is the thing you know.  There is comfort in what is familiar even if the familiar is uncomfortable.  However, do not let fear of being alone keep you from moving forward.  Choose to take a positive perspective that leads to a curiosity about what your new life has in store for you.  It is a time to rediscover you.

There are just a few of the many reasons a person may fear divorce. The Collaborative Divorce process can help to reduce those fears. The Collaborative Divorce team will help you through this difficult time. Your attorney will help with fears related to the legal aspect of ending your marriage. The financial professional with help with fears related to money and creating a post-divorce budget. The mental health professional will help address the other fears and will help create a parenting plan.

To learn more about Collaborative Divorce, contact Megan Rachel today at (214) 423-5100.

Contact me online or call 214-396-2048 to schedule a consultation to discuss your family law needs today.

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