Criminal Defense and family law

AuClair Law Firm

Divorce / uncontested divorce

What is an uncontested divorce? 

An uncontested divorce in Texas is defined as a mutual agreement between the two spouses. This includes the reasons for the divorce as well as how the property, assets, and debts will be divided between them. Both spouses must agree on everything. If they do not, it then is considered a contested divorce. 

Does the AuClair Law Firm offer a flat fee for handling uncontested divorces? 

Yes, we offer a flat fee for handling uncontested divorces. However, keep in mind that if the parties begin to disagree on aspects of the divorce and it becomes contested then the flat fee will be converted to a retainer and the cost of the divorce will be completed on an hourly billing basis. 

Is there a waiting period after filing for a divorce until the divorce becomes final?

Generally, in the state of Texas there is a sixty (60) day waiting period before the Court may grant a divorce. However, under certain circumstances a waiting period is not required. These certain exceptions can be found in the Texas Family Code under Section 6.702. 

How will we divide our assets?

Under the Texas Family Code, assets are to be divided in a manner that the Court deems to be "just and right." In determining what is "just and right" the Court may consider factors such as; fault in the dissolution of the marriage, benefits the innocent spouse would have received had the marriage continued, earning capacities, difference in age, size of the community estate, and many other factors. However, if the Judge decides to order an unequal division of the assets they should have a reasonable foundation for doing so. 

If my spouse has filed for divorce is there anything I can do to stop it?

​In the state of Texas, once a divorce has been filed there isn't anything you can do to prevent it from progressing through the court system. Your only hope would be to reconcile with your spouse.