Uncontested Divorce

If you are considering divorce and want to avoid the typical contentious and litigious approach to divorce, then consider Breaking Together™.

When Gwyneth Paltrow went public with her “conscious uncoupling” from Coldplay’s front man, Chris Martin, after ten (10) years of marriage, the idea that a couple could honestly experience an amicable divorce suddenly became mainstream.

Divorce generally invokes uncomfortable feelings of betrayal, failure, loss, bitterness, anger, and revenge. There is no doubt, divorce and divorce lawyers have earned their negative reputations thanks to antiquated adversarial tactics that are most often intended to enrich lawyers and turn former couples into arch enemies. This approach is traumatic, life-altering, and can even be debilitating. But it does not have to be this way. There should be no losers in family law, especially when children are involved.

It IS possible to divorce without the trauma. Cindy Hide helps you maintain your honor and integrity by walking you through breaking together™, so you can successfully co-parent your children, and reduce expenses associated with unnecessary and excessive litigation.

An uncontested or amicable divorce occurs when both spouses agree on all of the terms and conditions of the divorce. This is the least expensive and it is usually the fastest way to get divorced.

No. You and your spouse must agree to be divorced and you must agree on all terms and conditions of the divorce. Any disagreement on division of property, custody, support, or other matters will prevent you from being able to pursue an uncontested divorce.

In most cases, yes. At least one party must appear before the court to finalize your divorce. This is a simple process in which you are asked questions by the court to “prove up” the record. In rare circumstances, with permission from the court, someone may appear by phone or provide a written deposition.

Prove up questions are simple questions based on information you have filed with the court, such as your name, whether you have lived in the state and county for the requisite period of time, whether you and your spouse are presently married, your spouses name, etc.

Yes. While an uncontested divorce may still require negotiations, some of the advantages include:

  • save time and money by helping parties avoid arguing and bickering back and forth common in a standard adversarial divorce, thereby reducing legal fees
  • reduce trauma and pain associated with litigious divorces
  • allow parties to split amicably so they can co-parent effectively
  • avoid unnecessary delays during the answer and discovery phases
  • your spouse can provide you with a waiver, so you don’t have to serve him/her
  • allows a fair, agreed settlement avoiding the pitfall of someone feeling like the loser in the divorce

Yes. The mandatory 60-day waiting period is mandatory and cannot be waived.

The truth is, you don’t.

Most lawyers will try to convince you that you should always seek the advice of a lawyer. While there is truth in that statement, due to the number of factors (listed below) that you should consider, the fact is that the State Bar of Texas provides all residents with a free Pro Se packet that walks you through the process of an uncontested divorce. Furthermore, if you are at all internet savvy, you have certainly seen all of the sites promoting low cost divorce packets. While these might be attractive, there is cause for caution here. Many of these documents are not state or court specific and will not meet the specific requirements of your court. If you truly want to venture into this endeavor alone, without the advice of counsel, you should locate the free uncontested divorce pro se packet provided by the State Bar of Texas.

If you do take that step, Cindy and her team offer legal coaching services in which they will review your documents, advise you of anything missing, and coach you through the steps and prove up process.

Things to consider when pursuing an uncontested divorce, include:

  • Spousal Support or Maintenance (otherwise known as alimony in other states) – There are very specific criteria under which spousal support might be awarded in Texas, so you’ll want the counsel of an experienced lawyer to advise you on this topic.
  • Asset and Debt Division – If there is any question as to the classification of property, community or separate, or a division of retirement account(s), you’ll need a lawyer to advise you.
  • Child Custody – A shared parenting plan, known as joint managing conservatorship, is the most common award of custody in Texas courts. If you elect to deviate from this, you will likely require the advice of a lawyer.
  • Child Support – The parent who spends the least amount of time with the children is usually the one who is charged with paying child support. Deviations from the standard awards will require the advice of counsel.

Cindy and her team take a therapeutic jurisprudence approach to family law. Cindy can meet with you, mediate your issues, and help you achieve a fair and agreeable resolution, so everyone walks away amicably.

You can find it here.

Isn’t Cindy in the business of marriage and divorce? Why would she share this information for free?

Cindy believes the best representations require full transparency. Clients involved in family matters must divulge private and deeply personal information to their lawyers so, in kind, Cindy insists full transparency is a two-way street. Where there are avenues for her clients to reduce legal fees, save time, or where there are other, more suitable options, she will lead them to it. As a mother and divorcee who personally experienced her own costly and painful divorce, she is committed to bringing a happy, low cost divorce option to her clients.

If you decide to utilize the pro se divorce packet, Cindy’s team offers legal coaching to walk you through the packet, answer your questions, and ensure all of your documents are properly completed and in order. This is a low cost alternative for folks who want to avoid the high retainer costs of most divorce lawyers in Houston.


Ask Cindy