Coming to terms with the end of a marriage is never easy, but sometimes obtaining a divorce can be a relatively simple and straightforward process. When a couple jointly decides that they no longer want to be married and can come to an agreement regarding the terms of the dissolution of their marriage, they may be able to pursue an uncontested divorce. Even if a couple ending their marriage has a cooperative relationship, however, it is still prudent for both parties to retain a knowledgeable San Antonio divorce lawyer to protect their interests. Attorney Allan R. Manka is a proficient San Antonio attorney with more than 40 years of experience helping spouses seek an uncontested divorce. Mr. Manka can assist you in reaching an amicable resolution in a respectful and efficient manner.Procedure for Pursuing an Uncontested Divorce
Under Texas law, a person filing for a divorce must meet the residency requirement, which means that either the party filing for divorce or his or her spouse must have been a resident of Texas for at least six months and a resident of the county in which the action is filed for at least 90 days. Once the petition for divorce is filed, the filing party must either serve it on his or her spouse or obtain a waiver of service, in which the other spouse agrees that he or she does not need to be served with the petition and does not contest the facts and allegations in the petition.
Texas law provides that even in cases in which there are no contested issues, the court must wait at least 60 days after the filing of a divorce petition before entering a final divorce decree. In cases in which the divorce is uncontested, the parties can use the 60-day waiting period to finalize the terms of an agreement incident to divorce. If you are contemplating a divorce, even if your spouse and you agree on how your assets and liabilities should be divided, it is prudent to retain an attorney to help you protect your rights.Agreements Incident to Divorce
An uncontested divorce is one in which the parties are in agreement regarding all of the terms of the divorce. The Texas courts are in favor of the amicable settlement of disputes in a divorce action. As a result, the law allows parties seeking an uncontested divorce to enter into a written agreement in which they delineate how any community property and liabilities will be divided, and whether either party is entitled to spousal maintenance. If the court finds the terms of the agreement to be fair and equitable and approves the agreement, the terms become binding on the parties and the court.
The court will either incorporate the agreement into the final divorce decree or set forth the agreement in its entirety. Prior to issuing a final decree, the court will hold a hearing in which the party who filed the petition will provide brief testimony regarding the terms of the petition and the settlement agreement. The court will then issue a final decree, which will be mailed to the party who waived service of the petition. In any uncontested divorce action, it is important to work with a knowledgeable San Antonio attorney, who can help you come to an agreement that will provide you with a fair result and protect your rights and assets going forward.Speak With a Skilled San Antonio Attorney
An uncontested divorce can ease the financial and emotional burdens on a couple that has decided to end their marriage. Even in the most amicable divorces, however, it is critical to hire an attorney who will advocate on your behalf and protect your interests. Allan R. Manka can aid you in developing a fair and equitable agreement with your spouse in your uncontested divorce action. Attorney Manka has an office in San Antonio, and he represents parties in divorce cases in Adkins, Atascosa, Converse, Elmendorf, Helotes, Universal City, Von Ormy, and other areas in Bexar County. You can contact Mr. Manka at 210-824-1800 or online to schedule a consultation.