Not every divorce case has to be a war of endless litigation. We encourage our clients to have goals for settling their case and to always weigh the costs and benefits of litigation. An agreed divorce can be a way to save money, and still get a great result in your case. Our Forney office has a family law team with the experience to help you get through this process quickly and without the expense and stress of protracted domestic litigation.
What is an agreed divorce?
It’s a divorce case where the parties agree to all issues amongst themselves without a judge or jury deciding the issues for them. It’s is similar to mediation in that it leaves the parties in control of the outcome of their case.
How does a Kaufman County Agreed Divorce case work?
No lawyer can represent both parties in a divorce case, but that does not mean we can not agree on the terms of the final decree. Our family law team will help you define the issues that need to be settled and help take your settlement ideas and turn them into an enforceable divorce decree.
In an agreed divorce the parties must agree on everything, from furniture to child support to possession of the dog and ownership of vehicles. If not, then an agreed divorce becomes a regular contested divorce. We have a process to help you reach an agreement quickly and amicably.
First, we need to identify all the assets and liabilities of the marital estate. Our office can provide you with forms to help prepare an inventory. A proper list gives both parties a complete and transparent view of what there is to divide.
What did you own before the marriage? Did you receive any gifts or inheritance? Make a list of these assets will be defined as separate property, and not part of the community estate. Most other assets will be part of the community estate. The community estate requires a fair and equitable distribution among the parties. Separate property, however, is not considered in this distribution as it is not part of the community estate.
Then we must determine what your debts are; mortgages, credit cards, etc. You will need to reach an agreement for who gets what, and who will be responsible for what debt. There are severe limitations on forcing a spouse to pay a joint debt, and nothing in a divorce decree will change your agreement with credit card company or bank.
Do you have children? If so, your lawyer and your spouse will need to reach a complete agreement on every issue involving the children- custody, visitation, insurance, and maintenance to name a few.
Finally, our agreed divorce team will help you draft the agreement and settle issues that arise during the process of reaching a complete agreement.