Agreed and Uncontested Divorces in Less than 90 Days

For couples who are able to reach agreement on the terms of their divorce, Jimmy Evans brings his significant experience in divorce, custody, and family law to assist those who are able to communicate through their differences, reach consensus, and resolve their divorce by agreement.

Due to the significant litigation and family law experience, the Agreed Divorce Attorney at James W. Evans Law Office brings a unique perspective on assisting clients through this process. We believe that an agreed divorce is an opportunity to throw the law books out the window and discuss what’s really in the best interest of you and your family. The courts almost always approve the agreements of the parties and a rigid fixation on what “the law says” can stall or outright frustrate an agreed divorce.

As a result, our attorneys will assist you in thinking through the entire process and to think “outside the box” when necessary. Be creative. We’ve seen so many ways to divide everything “in half”, but not really and yet maximize and achieve the goals of both parties in their agreement. Our attorneys will invite you to be creative and assist you to consider solutions to provide dignity in the outcome and that which is in the best interest of the children and family involved.

Because of our experience, we bring ideas and solutions on cooperative parenting, financial planning, extracurricular and summer activities, children with special needs, and division of the most simple or even complicated assets. Often times, clients need ideas on how to handle the sale of a house, a family business, refinancing or how to take into account liabilities or debts of the other. These are all matters for which Mr. Evans and our agreed divorce attorneys stand ready to assist and offer ideas on solutions to encourage clients to maintain agreement.

Agreed Divorce: The Process

Upon being retained, Mr. Evans can only be retained by one of the parties to the divorce. The rules of ethics do not really allow Mr. Evans to act as an intermediary between both parties. If necessary, Mr. Evans can discuss the entire process with your spouse to ensure their understanding of our role in an Agreed Divorce process and attempt to ease any anxiety.

Your spouse can choose to obtain legal representation or, typically in an Agreed Divorce these parties choose to represent themselves (known as “pro se”) through the process. Because we know this is an unknown and somewhat anxious step, we do not serve a citation. This means a constable or other process server will not show up at your spouse’s home or work to deliver the court paperwork. Because serving citation can be viewed as an aggressive tactic, doing so only creates more anxiety. It is one of the classic ways we see in our office that other attorneys have taken an agreed divorce and turned it immediately into a contested divorce.

Thus, in an agreed divorce we will not serve citation.

Mr. Evans will meet with both initially, if necessary, or speak with the other party after being retained by one of the parties to explain the process. It’s very important that both parties understand this process and the unique approach in our office to achieving an agreed divorce. We provide a high level of transparency in the process and, in the overwhelming majority of our Agreed Divorces cases, Mr. Evans is the only attorney retained due to the high level and transparent communication between the parties.

Specifically, here are the essential steps taken in an Agreed Divorce with our office:

Step One: Do a Free Consultation

Conduct a free consultation. Typically, the initial consultation will last about 1 hour wherein it is my commitment to you that you will have a clear picture and understanding of the issues involved in your case, a clear path to resolving them, specific suggestions on how to do so, and a very specific strategy on how to finalize your agreed divorce.

Step Two: File An “Agreed Divorce” Original Petition with the Court

Once our office is retained, we will file an “agreed divorce” Petition with the Court to formally start the divorce process. Our ‘agreed divorce’ petition is very different from the standard petition for divorce filed in most cases, which is to signal to the courts and to the other party that this is an agreed divorce.

As stated above, we will not issue a citation if the parties believe that they will have an Agreed Divorce. This means we will work collaboratively, transparently, and with every measure of good faith we can to promote dignity in the process. Because we do not issue a citation, your spouse legally does not need to feel the pressure to respond within “20 days”, as they say. We can focus instead on reaching your agreement.

Step Three: Wait the Minimum 60 days

From the date the original petition is filed, you are required to wait at least 60 days before you can finalize your divorce in Texas (unless there has been an issue regarding domestic violence between you and your spouse). During this 60 days, we will be working with you to answer a questionnaire that will work to assemble an inventory of the assets of the marriage that will be divided on divorce. If there are children, we will be available to consult with you about various options for parenting plans, co-parenting ideas, child support, and visitation.

Step Four: Work on Questionnaire, Create Inventory, Determine Parenting Plans

At the time you retain our office, you will be given a custom crafted questionnaire which has been created by Mr. Evans personally. The questionnaire allows for you and your spouse, if able, to work through the issues regarding your case together.

The questionnaire serves as a disclosure of all of the assets and debts of your marriage, all of the necessary identifying information we need in our office, and a plan on how to allocate those assets on divorce.

There is also a section related to children, custody, parenting plans, visitation and the like.

The questionnaire is our way of receiving the direction from you on what the terms of your agreement is with your spouse regarding all of the assets, debts, and the parenting plan if there are children.

Step Five: Create First Draft of Agreed Decree of Divorce

Upon returning the questionnaire to our office, we may call you with some clarifying questions. Maybe we can’t read your hand writing or it may be that some information is lacking. But, from there we will draft a proposed Agreed Decree of Divorce for you to review that we hope is reflective of the agreement between you and your spouse. We ask that our client first review the draft so as to allow our office to correct any obvious errors, if any, such as transposing dates of birth or a name incorrectly spelled.

We will make those corrections and then you will need to share this draft with your spouse. At that time, you and your spouse need to review the Decree together and see if there are any questions or further changes or edits to be made.

Regardless of how the spouses got to this point, the grounds for divorce with an Agreed Divorce is always “insupportability”. In Texas, this is known as the “no fault” ground for divorce and basically means that the marriage relationship has broken down due to discord and conflict and there is no reasonable expectation that the two parties can reconcile their differences and continue living together as husband and wife.

Our Agreed Divorce Attorney and our legal team stand ready to answer any of your questions during this time. Here is the main reason that we offer a flat fee so as not to discourage you from asking questions. At James W. Evans Law Office, we believe that you should not feel that you are “on the clock” be billed for each call or question you have. On the contrary, it is our goal to assist you and your spouse in every way we can to make sure things stay on the “agreed” track.

Ultimately, we believe that it is our job to guide you through very step of the way, assist you in making sure you and your spouse have reached an agreement while avoiding any potential pitfalls along the way. Our job is to take your agreement and draft an Agreed Final Decree of Divorce that is customized around your agreement and that we know that a judge will sign.

In the end, you will have an Agreed Final Decree of Divorce that is custom drafted by a Family Law Attorney with 17 years of legal experience that is Board Certified Family law.

Step Six: Sign the Decree and Related Transfer Documents

Once the draft of the Agreed Final Decree is complete, we will be asking that you and your spouse sign the Decree. There will be a place at the bottom of each page for both of you to put your initials and a signature page that will require your signature. We do this so that each party knows that the version of the Decree that is taken to the Court for signature is the same document that contains the initials of the parties at the bottom of the page. This is for everyone’s peace of mind that somehow a page got switched or language changed after signing.

You may scan the signed Decree and email it to our office, fax it, return it in person. If you prefer, we can arrange to have a courier come to you and pick it up in person.

At that time, there may be additional documents that will require your and your spouse’s signature – such as a deed of trust to transfer an interest in real estate, letters of authorization to transfer financial or brokerage accounts, or an Order known as a “QDRO” or “Qualified Domestic Relations Order” that allows a plan administrator to divide an interest in a qualified retirement account.

Optional Step: Meeting with the Attorney

If necessary, once all the documents have been drafted and you and your spouse have reviewed the paperwork, you may elect to have an optional meeting with the Attorney.

At this meeting, we will review the decree of divorce and work to have everyone sign off on the documents at that time. At that time, all of the proper ethical disclaimers are made so that your spouse clearly understands my role as your attorney and the unique way we approach Agreed Divorces.

Your spouse may, at this time, elect to have an attorney review the documents on their behalf. However, this is not a requirement and in the way that our office approaches an Agreed Divorce this is not usually not the case. We strive to maintain maximum transparency.

Since the law allows a party to represent themselves “pro se”, I am able to discuss the case and negotiate final terms with your spouse. This meeting is usually less of a negotiation and more of a clarification of the terms of the decree and an opportunity to make final edits to the Decree and sign.

The ultimate goal of this meeting is to make any corrections agreed upon and have everyone sign an agreed Order.

Step Seven: Finalize the Case At Court with a “Prove Up”

The last step is to finalize the Case.

Even though everything is agreed and signed by both parties, in Texas the law still requires at least one of the parties to present themselves in court and give some very brief testimony. This process is known as the “prove up”. The judge will swear you in and you will be asked some very, very brief questions to verify the terms of the Divorce between you and your spouse.

Our attorneys will accompany you to the Courthouse to conduct the “prove up” and will, prior to your testimony, review and rehearse the questions with you so that you are as comfortable as possible in front of the judge. This process usually takes all of about 90 seconds and is quite informal. Basically, you will be asked the following questions:

(1) Prior to filing for divorce, did you or your spouse live in Travis County for 90 days
(2) Prior to being divorced, did you or your spouse live in Texas for at least 6 months
(3) Questions on “insupportability”
(4) Basic questions on the parenting plan
(5) You or your spouse is not pregnant nor in the process of adopting a child
(6) Basic questions on the division of your property and debts
(7) The attorney will cover whether you or your spouse is changing their name

Depending on the court, judge, and terms of the decree the attorney may need to ask additional questions. However, these will all be reviewed, discussed, and rehearsed with you prior to appearing before the judge.

Once the prove up is complete, the attorney will make sure you have a copy of all the necessary documents and the Decree that was signed and entered by the Court. If you are changing your name, you may require a “certified” copy of the Decree as entered by the Court. Usually, this is a cost that you will be required to pay at that time and directly to the Clerk of the Court.

If child support or alimony is being ordered and the parties have agreed to garnish these payments, our office will make sure that all of the necessary paperwork is filed and notices sent to the employer of the paying spouse (known as the “obligor”).

The Decree and all related documents will be scanned into your file for electronic storage and emailed to you, which you can then email to your spouse. We will work with you to ensure that any “loose ends” are met and that the entire process goes as smooth as possible.

In the end, it is not our goal to promote divorce. But, if divorce is inevitable, it is our goal to promote dignity in divorce whenever possible.

Note: Please be aware that in certain counties (not in Travis or Williamson) regardless of the fact your case is agreed, if there are children involved you will be required to complete a certificate of completion of a parenting class. Be sure to discuss this with the attorney at your initial consultation.

Agreed Divorces In Less than 90 Days

Provided that you and your spouse avoid conflict and maintain transparent communication and all the documents are timely signed, the typical agreed divorce in our office is completed in less than 90 – 120 days. Of course there are exceptions, but this is by far the general rule.

10 Tips to Keeping your Agreed Divorce Agreed

Even though you believe that this is going to be an agreed divorce, it is still an emotional and life changing event. We generally see that it is rare that both spouses are in the same emotional space at the time of beginning a divorce, even if agreed. Thus, patience is a true virtue in this process.

Here are 10 tips to keeping your agreed divorce agreed:

(1) Avoid conflict at all costs. Conflict is the #1 way to frustrate an agreed divorce and cause your spouse to not walk, but run to hire an attorney. Conflict creates anxiety and immediately your spouse will begin to feel that they cannot trust you and will feel the need have representation to protect their interests.

(2) Be very transparent in your actions, communications, desires, and needs in the divorce. Be honest about what you need once the divorce is complete.

(3) Disclose, disclose, disclose. It is very important in this process to avoid the perception you are hiding money or assets. Do not suddenly open a new account and transfer funds, for example or cancel credits cards, utilities, or other services.

(4) Do not incur any new debt or significant purchase without agreement of your spouse.

(5) Avoid taking a rigid stance because “that’s what the law says”. Be creative and find ways to meet yours and your spouse’s needs. The classic here is on child support. Or spousal support. People frequently look up child support calculators on line and whatever it spits out, that’s what they claim they will pay or demand – often followed statements like “not a penny more”. While this may be true and a good place to start discussions, in an agreed divorce our attorneys will encourage you to simply look at your real needs and that of your children and budget support accordingly.

(6) Be patient and don’t be eager to “close the deal”. Remember, this is a very emotional time. Just because you are ready to be divorced, your spouse may not emotionally be in the same space as you. It may take some time for your spouse to come around. Give them space and time. You have 60 days minimum anyways – don’t get in a hurry.

(7) Avoid taking fixed positions.

(8) Avoid statements like “I’m entitled to ….” And therefore “you’re going to pay”.

(9) Carefully filter statements and “advice” from friends and family about their divorce experience. An Agreed Divorce is very likely completely different than their experience. You will very likely be entering an agreement that is in the best interest of your family and may not be what would happen “according to the law”. Your family and friends will probably not understand this at all. Remember, you are working to achieve dignity, save money, and reach an agreement and this requires compromise. Keep this in mind. When your family and friends begin to make statements, try not to let them make you anxious. Instead, filter this comments and so-called “advice” through your attorney.

(10) By all means, keep an open mind and try to think outside the box.

Agreed Divorces And Flat Fees

For couples who are able to communicate and work through the terms of their divorce, Mr. Evans simply does not believe that you should have to pay exorbitant legal fees. We make our living off of spouses behaving badly – which allows us to provide this as a service to those who can agree.

With very few exceptions, there is a minimum waiting period of 60 days in Texas to obtain a divorce, whether by agreement or not. As a result, James W. Evans Law Office offers payment plans to meet your particular situation.

The range of fees in agreed divorces range from $1,300 – $2,500 with the average case ranging from $1,800 in legal fees, depending upon the issues, There is no trick – this is a flat fee. It is our goal to keep matters agreed and so we don’t want you to feel like you are “on the clock” and being billed for every email, every phone call, and every question you ask.

Please note, there are additional costs such as filing fees with the Courts, which are typically around $300. Other costs may arise depending upon your own specific circumstances such as division of retirement accounts, deeds and the like. Be sure to discuss this with the attorney at your initial consultation.

Mr. Evans offers free consultations with respect to agreed or uncontested divorces and, often times, can make arrangements to work electronically and conference over the telephone to convenience you and your schedule so as to avoid missing time from work or your family.

Contact our Agreed Divorce Attorneys Today

Put the experience of the Austin Divorce Attorney at James W. Evans Law Office to work for you. To discuss your case, call us at (512) 628-2550, call Mr. Evans directly at (512) 628-2571 or at his cell phone (512) 689-8319 or email Mr. Evans directly at jimmy@evansflg.com.