Many people hear the phrase uncontested divorce and feel some relief. It sounds peaceful, low-conflict, and easier on everyone. But even when spouses agree on the main points, there are important details and possible future problems that deserve careful attention.
In the video, Atty. Tyler Monahan and Atty. Tina Campbell of Turner-Monahan PLLC talk about hidden risks in uncontested divorce, stressing the need for honest financial disclosure and careful protection before agreements are finalized. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
Hidden Risks in an Uncontested Divorce
Many people choose an uncontested divorce because it feels simple and respectful. Both spouses come to an agreement instead of going to trial. But there can be hidden risks that people may overlook. Every situation has risks. The biggest risk is not knowing what a judge might order if the case went to trial.
When we do prove-ups with agreements, we always make sure both spouses understand that there is no trial. They are entering into the agreement by choice. They also understand that a judge could have ruled differently, maybe the same or maybe not. But they still want their agreement because it is the agreement they made with each other.
Trust and Truthfulness
Another risk in an uncontested divorce is that both spouses must trust each other. They are putting faith in each other to be truthful, especially about finances. In many marriages, one spouse handles the money while the other does not know as much about the financial situation.
This means there could be assets one spouse does not know about. If something is hidden, the assets may not be divided fairly or fully. So there is a leap of faith required. Each person must believe that the other is being open and honest, and that both are trying to move forward in the best way possible for their family.
When an Uncontested Divorce Makes Sense
An uncontested divorce can be a good fit when both spouses have talked through the main issues calmly and honestly. This usually means there is a clear understanding of property, debts, support, and parenting time if there are children. It also helps when both spouses have access to the same information, and neither one is rushing or pressuring the other into a quick signature.
Even in those good situations, it is still wise to slow down and ask questions. At Turner-Monahan, we encourage people to think about what life will look like one year, five years, or ten years after the divorce. A plan that feels simple today might create stress later if it does not match real-life needs or if it ignores important future costs like health care, college, or retirement.
The Importance of Inventory and Appraisement
At Turner-Monahan, we always require inventory and appraisement. We are very strict about this step. Inventory and appraisement simply means listing what you own and what you owe.
Each spouse fills one out. In 95% of divorce cases here, it is done. It is sworn information. If a spouse refuses to complete it and the other spouse is not represented by an attorney, then our client signs a waiver. This waiver says that our client is choosing to move forward while knowing there could be unknown issues later. Our attorneys cannot provide advice about things we do not know because the other spouse will not provide the inventory and appraisement.
We try very hard to protect our clients before the divorce is finalized. Even when a client thinks the agreement is simple, we are focused on making sure they are covered now and in the future. If an asset was not shared or discovered, there may be a path to fix it later. A person can sometimes file a post-divorce division of property suit. We do not want clients to worry about that later if it can be prevented now.
Looking Closely at Debts and Future Bills
When people think about dividing things in a divorce, they often focus on assets like a house, cars, or bank accounts. Debts can be just as important and sometimes even more stressful than dividing the assets. Credit cards, medical bills, tax balances, and personal loans can all cause problems if they are not handled clearly in an uncontested divorce.
A common risk is when one spouse agrees to pay a joint debt, but the account stays in both names. If that spouse later falls behind, the other person’s credit can be hurt, and collectors may still call. At Turner-Monahan, we talk with clients about which debts can be refinanced, paid off, or closed, and how to write the agreement in a way that reflects what will actually happen with those balances after the divorce is final.
Planning for Retirement, Benefits, and Taxes
Another area that is easy to overlook in an uncontested divorce is long-term financial planning. Retirement accounts, pensions, stock plans, and life insurance can be some of the most valuable parts of the marital estate, but they do not always feel “real” because the money is not in a simple bank account.
If these items are left out or handled with vague language, one spouse may give up important rights without realizing it. There are also tax questions to think about, such as who will claim children on future tax returns or how cashing out certain accounts could create tax bills or penalties. We help clients look beyond the short term so that their uncontested agreement lines up with what they want their financial future to look like.
Experienced Attorneys Protect the Future
Experienced attorneys do not only think about the present moment. It is not just drafting an original petition and final decree. It is not just about having someone sign a waiver in an uncontested divorce. We look at every step and every detail because the goal is to take care of our clients long term.
An uncontested divorce can still be emotional and stressful. We make sure everything is handled with care so the agreement remains strong and protects the client in the future. The goal is to finish the case with confidence that everything possible has been covered.
What Does the Texas Family Code Say about Agreements in Divorce
The Texas Family Code gives judges and families a basic structure for how property and agreements are handled in a divorce. It also explains some of the limits on changing things later.
Section 7.001 of the Texas Family Code says that in a divorce, the court must divide the estate of the parties in a way that is just and right, while considering the rights of each spouse and any children. This means that even when there is an agreement, the judge still has a role in making sure the final order is fair under Texas law.
Section 7.006 explains that spouses can sign a written agreement about how to divide property, debts, and even spousal maintenance. When the court approves that agreement, it becomes part of the divorce decree. This is why wording matters. Once the judge signs the decree, it can be very hard to change that division later because the court is approving what the spouses agreed to on paper.
Section 6.602 talks about mediated settlement agreements. When spouses go to mediation and sign an agreement that meets the legal requirements, that agreement can become binding. If it says it is not subject to revocation and it is properly signed, the court usually must accept it. That can be a good thing when you are comfortable with the terms, but it can be a serious problem if someone signed quickly without understanding everything that was included.
If there are children, Section 153.002 says that the best interest of the child is always the primary consideration for the court in decisions about conservatorship and possession. That means even if both parents agree, the judge must still look at whether the agreement meets the child’s best interest. Hidden risks can show up when parents sign something just to get the divorce finished, without thinking about how the schedule or responsibilities will work for their child in daily life.
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
Uncontested divorce can be a helpful path when both spouses are honest, prepared, and willing to slow down and ask hard questions. It can reduce conflict and give families more control, but only if the agreement is complete, clear, and built on real information.
Before signing anything, it is wise to talk with a family law attorney who can explain how Texas law applies to your specific situation and help you protect yourself and your family for the future.
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.
