A divorce in Texas may be agreed upon by both parties, as to how property will be divided and as to how custody and possession of the children will occur. Uncontested divorces can be very useful in saving thousands of dollars in attorney fees, in saving much embarrassment from the community regarding personal and private information becoming a matter of public record, and in saving time from numerous hearings and hours in the courtroom.
However, a skilled attorney should be consulted despite the existence of a verbal “agreement for an uncontested divorce” between the husband and wife because bank accounts can be hidden, assets can be squandered or wasted on a “home wrecker,” and basic parental rights that are in the best interest of the child or children can be left out. In fact, in some “agreed” divorces, the other side is deprived of thousands of dollars in retirement benefits, spousal maintenance (Texas’s interpretation of a kind of alimony) and reimbursement claims (money owed to a spouse by the other spouse).
There are many pros and cons to getting an uncontested divorce. That is why a personal consultation is really needed so that specific legal advice can be provided on a case by case situation. Never let an attorney represent both parties in a divorce because of the high probability of a conflict of interest where the attorney has to make decisions that he or she knows or should know will benefit one side and deprive another.