Kaufman County Divorce Lawyer: A Checklist to Go Through for an Agreed Divorce

The best way to save money when getting a divorce is to agree on everything. If you do that, it’s just a matter of paperwork and a little bit of court time for the attorney(s). When spouses can’t agree, that’s when a divorce can get drawn out and expensive. So if you and your spouse are considering getting an agreed divorce in Kaufman county, go through the checklist below prior to calling an attorney. The more stuff you can agree upon, the cheaper your divorce will be. Call me, Brett Talley, at (972) 564-4644 to discuss your uncontested divorce.

Assets

Below are the most common assets involved in divorces. You need to decide who will be keeping what in the divorce. It’s important to note that anything that you acquired after getting married is considered what we call community property and is as much the husband’s as it is the wife’s. Division of all community property is usually split 50/50 by courts. But any asset that either spouse came into the marriage with is considered their separate property and not subject to division.

  • Real Property – land
  • Home equity
    • It’s often difficult for one party to buy out the other party’s equity in the home. In that case, it is common for the home to be sold so that the parties can split up any net proceeds of the sale of the home.
      • If this step is necessary, a little extra time and paperwork will be required.
  • Money in checking and savings accounts
  • Motor vehicles, boats, motorcycles
  • Retirement benefits
  • Stocks, bonds, mutual funds
  • Business interests
  • Household furniture and fixtures
  • Electronics, computers
  • Jewelry

Debts

Below are the most common debts involved in divorces. You need to decide who will be responsible for each of these debts that you have. Again, it’s important to note that any debt that you acquired after getting married is as much the husband’s as it is the wife’s. Division of all debt like this is usually split up 50/50 by courts. But any debt that either spouse came into the marriage with is considered their own personal debt and the other party is not responsible.

  • Mortgages
  • Credit card debt
  • Tax liabilities
  • Car payments

Children

If you have children, there are several important issues that you and your spouse must agree upon.

  • Which party will have the right to designate the primary residence of the child(ren)? This is generally what is thought of as custody.
    • Will the primary residence of the child be restricted to a geographic area? In other words, will the parties be restrained from moving outside of the county or the adjoining counties with the children?
  • What will the visitation schedule be for the parent that does not have the right to designate the primary residence of the child?
    • The standard possession order for parents who live within 100 miles of each other gives the non-custodial parent visitation on the 1st, 3rd and 5th weekends of the month beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on Sunday as well as visitation each Thursday during the school year from 6:00 p.m. to 8:00 p.m.
      • This possession schedule also has provisions to split up holidays equally and in an alternating fashion as well as provisions for summer possession.
      • This is by far the most common visitation schedule.
    • An expanded standard possession order is also an option. Under that schedule, the non-custodial parent can pick the children up from school on the 1st, 3rd and 5th Fridays, and their possession continues until school resumes the following Monday.
      • This possession schedule also has provisions to split up holidays equally and in an alternating fashion as well as provisions for summer possession.
  • Child support is paid by the non-custodial parent. You will need to determine how much child support the non-custodial parent will pay each month.
    • Generally, the non-custodial parent will pay 20% of their monthly net income in child support if there is one child, 25% if there are two children, 30% if there are three children, 35% if there are four children, and 40% if there are five children.
    • Courts will approve agreements regarding child support that differs from the standard percentages listed above if the court finds the agreement is in the best interest of the children.
  • Who will provide health insurance for the child(ren)?

There may be other issues that will need to be dealt with in your uncontested divorce, but these are by far the most common issues. If you and your spouse can reach an agreement on all of these provisions, your divorce will be much cheaper and less time consuming.

Call Forney, Texas Family Lawyer Brett Talley at (972)564-4644 to schedule a consultation about your Kaufman County Agreed Divorce.