In an uncontested divorce, spouses agree on the terms of the divorce without involving the court in a decision-making role. While this can save time and reduce conflict, it also increases the risk that one spouse may accept unfair terms.
To prevent this from happening, both spouses need to carefully review the agreement and make sure it protects their rights.
Understand your financial situation
Before agreeing to any divorce terms, make sure you have a clear understanding of your own financial situation. Know the value of shared assets like the family home, vehicles, retirement accounts and investments. Take into account any debts you accumulated as a couple, including loans and credit card debt. With this knowledge, both parties can make informed decisions about how to divide their property and debts.
Make sure child custody and support are equitable
If you have children to consider, the divorce agreement should reflect an equitable custody arrangement and child support payments. Texas law favors joint custody whenever possible, which allows children to maintain a relationship with both parents. Child support should cover the children’s education and healthcare needs. It is important to consider both parents’ ability to provide for the children and ensure the arrangement benefits the children’s well-being.
Consider spousal maintenance
Spousal maintenance, or alimony, is not automatic in Texas. In some cases, though, one spouse may be eligible for financial support after the divorce. If one spouse gave up a career to support the family or faces financial challenges post-divorce, they should ensure the agreement includes fair spousal maintenance provisions. Both spouses should discuss this option if it applies to their situation.
It is important to carefully review the entire divorce agreement before signing. Each party should confirm that all terms are fair and reasonable based on their individual circumstances. Taking time to evaluate the agreement ensures a more balanced and equitable outcome.