Many couples begin the divorce process believing they have already agreed on everything that needs to be decided for their divorce.There are many important decisions about children, property and finances that have not yet been discussed. Those details must be resolved before the divorce is finalized.
Everything is Worked Out in Our Divorce Except…
When you and your spouse begin planning your divorce, it may feel like you have already agreed on the big picture. It is common for couples to say, “We have everything worked out.”
However, once you begin discussing the legal requirements for a divorce in Texas with a Texas divorce attorney, it becomes clear that many important topics still need attention. Agreeing that your marriage should end is only the first step. The final divorce decree must address detailed parenting arrangements, property division, and financial responsibilities before the court will approve it.
A Divorce Decree Is a Detailed Legal Document
Some couples believe that once they agree on the basics, an attorney can quickly prepare a simple document to finalize their divorce. A divorce decree is often forty to fifty pages long and includes detailed legal language about a parenting plan, child support and health insurance, property division, and other financial responsibilities.
Courts cannot approve vague agreements. The decree must clearly explain the terms so that the judge can review and approve it before the divorce becomes final. Additionally, the Courts hesitate to approve a court order that cannot be enforced by contempt.
Another point that surprises people is that one attorney cannot represent both spouses. The lawyer represents the client who hired them and cannot give legal advice to the other spouse. Even when the divorce is cooperative, the other spouse should have the agreement reviewed by another attorney before signing.
Parenting Plans Require Specific Decisions
If you have children, saying that you will share custody is only the beginning of the conversation. Texas law requires parenting arrangements to include specific provisions.
For example, the divorce decree must address:
- Whether the parents will serve as joint managing conservators or if one parent will be the sole managing conservator and the other appointed as possessory conservator;
- The schedule that determines when the children spend time with each parent;
- Each parent’s rights and duties related to education, medical care, and other major decisions concerning the children;
- Child support responsibilities; and
- Health insurance and medical expenses.
These terms help guide parenting decisions after the divorce is finalized.
Property Division Often Raises New Questions
Property discussions can reveal issues that couples may not have initially considered. A common example involves the family home. You may decide to keep living in the house for a period of time after the divorce.
Even with that plan, the divorce decree must explain what will eventually happen with the property. The agreement may address whether the home will be sold, whether one spouse will buy out the other, and who will pay the mortgage and other expenses during the process.
Retirement accounts are another issue couples sometimes overlook. Retirement benefits earned during the marriage are generally considered part of the community estate under Texas law.
Timing May Take Longer Than Expected
Texas law requires a sixty-day waiting period before a divorce can be finalized. Some people assume the divorce will be completed on day sixty-one. The sixty days is only the minimum waiting period. Additional time often is needed to resolve parenting arrangements, divide property, and prepare the final documents for court approval. If disputes arise and the case moves into litigation, the process may take several months or longer depending on the court’s schedule.
How to Resolve the Details Without a Fight
Couples who want to reduce conflict in their divorce can choose to resolve these issues privately rather than through courtroom litigation. In a Collaborative Divorce, each spouse works with their own specially trained attorney and other divorce professionals, such as a neutral financial professional or a mental health professional, to help reach agreements outside of court. The starting point in the process can be “We have everything worked out” and if handled Collaboratively, may also be the way the process ends.
Contact Paula Lock Smyth Law Offices
If you are thinking about divorce or weighing your next steps, Paula Lock Smyth Law Offices provides guidance focused on your family and your goals. To schedule a consultation, call (214) 420-1800.
Our office is located at 2911 Turtle Creek Blvd., Suite 300, Dallas, Texas 75219.
Frequently Asked Questions
If my spouse and I agree to divorce, do we still need a detailed agreement?
Yes. Texas courts require a written decree that explains parenting arrangements, property division, and financial responsibilities before the divorce can be finalized.
Can one attorney represent both spouses in a divorce?
No. An attorney represents only the client who hired them. The other spouse should choose to have the agreement reviewed by their own attorney before signing.
Will the divorce be finished after the sixty-day waiting period?
The sixty-day period is the minimum waiting period. The timeline depends on how quickly agreements are reached and when the court is available to finalize the case.
Paula Lock Smyth has practiced law in Texas since 1985, focusing on Family Law, Probate, Mediation, and Collaborative Divorce. She is a trained mediator, seasoned litigator, and one of the early adopters of Collaborative Divorce in Texas. Paula is a member of the State Bar of Texas, the College of the State Bar and the Texas Bar Foundation and has served as Past President of Dallas Lawyers Concerned for Lawyers. She was a Master in the Annette Stewart Inn of Court and is a Charter Member of the Collaborative Law Institute of Texas. Her legal knowledge and decades of experience make her a trusted voice on matters that impact families across Dallas and surrounding counties.