Non-contested divorce is usually the choice of couples who wish to end a marriage and separate the community assets without the public show in a courtroom. Couples who choose to divorce but want to remain amicable often choose non- contested divorce. Many couples find that non- contested divorce is not only more amicable but also less expensive than a long drawn out divorce with endless court appearance. Non-contested divorce is one in which both spouse agree on the divorce settlement.
To save time at the beginning of the divorce preceding the party receiving the divorce petition sign a waiver of citation, which state that he or she received the divorce petition and waivers the right to be present at the final divorce hearing? The legal implication of a divorce can also mean that you need the benefit of experience and expertise on your side.
When one spouse files for divorce, he or she must file a divorce petition with the court which must- be sent to other spouse. Both parties can agree on the division of property and assets, support issue, this usually and least expensive divorce process.
Once the respondent spouse sign the waiver of citation, the petitioner will prepare a divorce decree and present it to the court during the divorce hearing. The following question will be ask by the court to the petitioner, dates of the marriage and separation, whether the divorce decree has been signed by both parties, the country of residency, whether there is a signed waiver of citation, whether there are any children involved and whether there is hop of reconciliation.
If the court approves the terms of the divorce settlement, a divorce will be-granted more than 60 days after the date that the divorce petition was- filed.
A petition must be file for non-contested divorce with the court. A summons will be- issued once you have filed to notify your spouse that you have filed for divorce. He or she can sign a waiver if the spouse agrees to it, accepting the service so the paper will not turned over to a court officer. Your spouse will have 20 days to file an answer once the paper have- been -served and no waiver has been- signed. This is usually- done through a lawyer in the court. If there are children involve, there will be a 60-day waiting period from the date that the divorce paper were serve.
If there are no children, and both parties are in- agreement to the divorce, your divorce will -usually be- granted 60 days after the filling of the petition. If your spouse hires a lawyer and contest the divorce, the case could take longer.
Some people do ask whether a judge can overrule the wishes of two parties in a non-contested divorce. As long as both parties are content with the settlement and the court agree, the judge cannot overrule an agreed upon settlement. While the court has the power to overrule, the judge usually will not interfere with the settlement that both parties agree to.
It is not illegal for a couple to divorce and still live together for any reason, including raising the children. Sometimes the best solution to the marital problem is to do a non-contested divorce but remain together to raise their children because many couples try to overcome their differences for the sake of their children.
When is non-contested divorce Appropriate?
Non-contested divorce is often cost effective because there is less work that needs to do- done by the lawyer. Non-contested divorce is appropriate when the spouses agree on the conditions of the divorce, including property division, child support, spousal support obligation, visitation arrangements, and distribution of assets and liabilities.
The Houston divorce lawyers are available to assist you if you are going through a divorce. To ensure your rights are- protected, obtaining a counsel of a Houston divorce lawyers is important.
Michael Busby Jr. is a divorce & family law attorney, who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases. He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com