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Uncontested Divorce and Property Division


An uncontested divorce is a divorce whereby the spouses agree on their own to divide the marital property and settle on issues regarding child support and visitation without looking to the courts, or any dispute resolution process or method to remedy such issues. The main appeal of an uncontested divorce is its low cost as there is no requirement for a lawyer to hash out matters between the divorce parties.

Therefore, instead of the divorce parties looking for cheap divorce lawyers in Houston the parties to divorce only elicit the assistance of a lawyer only for the role of taking care of the judicial process of getting the divorce complete or finalized. The monetary value of an uncontested divorce can range at below five hundred dollars ($500) while when a lawyer is attending to the divorce from start to finish the amount can go into thousands of dollars.

This is mainly because much of the divorce leg work will have been done by the parties to the divorce such as filing of documentation, drafting the divorce decree and so on.

There is nothing wrong with an uncontested divorce, if spouses can reach an agreement on how to end their relationship, it makes attending to financial matters easier.

However, the main problem associated with uncontested divorce is that the spouses often do not equally divide the marital property and the end result is that one spouse or both spouses end up in worse financial situations than they should be. This is a result of the manner in which spouses decide to divide the marital property; at times the division is based on what seems the easiest way of making the division. For example, if the husband plays golf he gets the golf clubs and the golf country club subscription membership, while the wife who loves cooking gets the kitchen and everything associated with it. Or in some cases the division is based on what the spouses think are the property rules in Texas. Then after the divorce is complete one or both of the spouses realizes that there is an imbalance in the division and wants to have the property division changed.

Unfortunately, in Texas, once a divorce has been finalized and decided upon by a judge it is extremely rare and nearly impossible to open up the property division let alone based on the reason that you made a bad decision. The main reason why such bad decisions occur is because most people are unaware and lack the knowledge as to how assets can harm or help you after divorce.

Good and a cheap divorce lawyers in Houston, sit down and review the property division and ensures that the client has an understanding as to what they are agreeing upon and to whether the agreement is fair or not. It is important for the party to divorce to decide for themselves on the fairness of the agreement as they will live with that decision. Once the judge signs the divorce in respect of property division, do not expect another opportunity to consider property division whether the divorce is contested or uncontested.


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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.