What is an “uncontested divorce?”
If both you and your spouse agree to divorce and do not have any disputes over issues including division of property, child custody or support than you may have an uncontested divorce. Typically, during an uncontested divorce, you and your spouse reach an agreement upfront and bring that agreement to an attorney to assist you with paperwork and the divorce process. While the attorney can only represent one party during the divorce, frequently, the parties choose to save money on legal fees and the other party does not hire their own attorney.
If the matter is truly uncontested, Mundy Legal Services offers a flat fee that includes filing the divorce petition, court costs, a waiver of service (this avoids service of process) the divorce decree and any required appearance at court. Contact us today to learn more!
Community Property
In Texas, the law defines community property as all the property that either spouse has acquired during the marriage, with the exception of the few items categorized as separate property. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
What is separate property? Separate property is defined as:
The degree of proof necessary to establish that property is separate property is clear and convincing evidence. All community property must be divided up during the divorce settlement, in a just and right manner, as determined by the court.