When couples agree on most terms of their divorce, it can feel unnecessary to get too detailed in writing. But even when everything starts smoothly, small misunderstandings can create major issues later.
In the video, Atty. Tina Campbell of Turner-Monahan PLLC explains why clear written terms are crucial even in uncontested divorces. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Why Specific Terms Matter in an Uncontested Divorce
Often in uncontested divorces, couples want to keep things simple by saying, “we’ll just do visitation as agreed,” or “we’ll figure it out as we go.” While this may seem easy at first, experience shows that these types of informal agreements often fail later on. Once that happens, it becomes nearly impossible to enforce anything that wasn’t clearly written in the court order.
Common Mistakes in Uncontested Divorce Agreements
One of the most common mistakes we see in uncontested divorces is leaving too much open-ended. When parents or spouses say “we’ll work it out later,” it often leads to confusion and conflict.
For example, if one parent decides to change jobs or move, an informal agreement on visitation might suddenly become unworkable. Writing out specific terms for schedules, holidays, and decision-making avoids those last-minute disagreements that can easily lead to court involvement.
Why Verbal Agreements Can Cause Problems
A verbal agreement may seem fine when everyone is cooperating, but it holds no real legal weight in the future. Once a disagreement arises, the court cannot enforce what was “understood” between the parties.
Putting everything in writing ensures that the agreement can be enforced and that both sides are protected equally. It also gives both parents a consistent plan to rely on, which is especially important for children who need structure and stability.
The Value of Having Experienced Attorneys
At Turner-Monahan, we’ve seen these situations many times. Having an experienced family law attorney can make all the difference. Attorneys can point out where potential problems might arise and help prevent issues before they happen.
For example, while parents may have good intentions and want to co-parent smoothly, life changes and disagreements are common. That’s why there needs to be a clear, specific plan in the court order, a default structure that both parties can rely on if future disagreements occur.
Protecting Yourself for the Long Term
Even in uncontested divorces where both people are getting along, it’s important to protect yourself for the future. Especially when children are involved, you may be dealing with your former spouse for many years.
Having detailed terms helps ensure you don’t have to keep returning to court over the same issues. This protection is one of the biggest benefits of working with experienced divorce attorneys who understand how to plan for both the present and the future.
What the Texas Family Code Says About Uncontested Divorce Agreements
The Texas Family Code provides specific guidance on divorce orders and parenting plans to ensure fairness and enforceability.
Section 153.134: Parenting Plans and Custody Orders:
This section requires the court to include detailed provisions for conservatorship, possession, and access. Even if both parents agree, the order must be specific enough for enforcement. This helps prevent confusion later if disagreements occur.
Section 153.193: Clarifying Possession and Access Terms:
It states that visitation orders should be clear and detailed so both parents understand their rights and duties. This protects both parties and helps avoid future disputes.
Section 6.602: Mediated Settlement Agreements:
This allows couples to create binding settlement agreements as long as they meet legal requirements. However, even in uncontested divorces, the agreement must still comply with Texas law and be approved by the court before it’s enforceable.
Section 157.001: Enforcement of Court Orders:
This section explains how court orders can be enforced through contempt actions. If your decree lacks clear terms, enforcement becomes difficult or even impossible. That’s why having precise language from the start is crucial.
Consult a qualified Texas divorce attorney to understand these rules better and learn how they may apply to your specific situation.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Even when both spouses agree on everything, an uncontested divorce still needs structure and detail. Having clear written terms prevents conflict and protects both parties long after the divorce is finalized. At Turner-Monahan, we help ensure your agreement covers every important detail so you’re not caught off guard later.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more about your case. There is tons of information on divorce and answers to unique questions like “How to Handle Holidays After a Divorce: Visitation Tips”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
