Practice Areas
Simple Divorce
Not every divorce needs to become complicated. When spouses generally agree about ending the marriage and have straightforward finances or have already reached agreement on the major issues, the legal process can often remain focused and efficient.
A simple divorce, however, should still result in orders that clearly accomplish what the parties intended.
FAQs
What Do We Need to Agree on to Have a Simple Divorce?
Many people start off willing themselves into what they call a simple divorce. Hope is not a plan. This is what you actually need to have unequivocally agreed to before truly being a candidate for a simple divorce. A word of caution: starting out a disputed divorce as a “simple divorce” creates duplicate work and therefore is more expensive, time-consuming, and emotionally draining. Simple divorces are almost always a 50/50, no-fuss mathematical word problem. If you can get through the following core agreements, you’re on your way.
Core Agreements
- What happens to the primary residence? Awarded to a party, sold and proceeds divided, and/or refinanced? Spouses often get hung up on the refinance portion. Keep in mind there should be a clean break on all debt.
- What happens to the bank accounts and credit cards? Sole accounts normally go to the spouse whose name they are in. Whose name will come off joint accounts and when?
- How will retirement accounts (pensions, 401(k)s, IRAs, RSUs) be divided: 50% each, each takes their own, or some other calculation?
- Who gets what car, and if debt on a car is joint, how will that be refinanced, traded in, or otherwise handled to provide a clean break for the other spouse? Like the mortgage, spouses will need a clean break from auto debt.
- Furniture, art, pets, appliances, linens, housewares, kitchen supplies, Christmas decorations, rugs, tools, equipment, electronics, guns, jewelry, clothing, accessories, children’s furniture, musical instruments, memorabilia, and the like need to be clearly agreed upon. It is very common to argue over pianos, Pelotons, and furniture.
- Other assets and debts have to be carefully identified by their true titled names, how they will be awarded, and how the debt will be cleanly and permanently separated.
- Conservatorship—who will have the right to determine the primary residence and within what geographic restriction? Who will have the right to make invasive medical and dental decisions, psychiatric and psychological decisions, and education decisions, including enrollment in school?
- What will the possession schedule be? The easiest would be standard possession. Refer to Child Custody for a discussion of this.
- Child support: Who pays support? Who pays medical and dental insurance premiums?
What Makes a Divorce Simple?
A divorce is more likely to remain straightforward when the spouses agree about the division of property and debts and, if they have children, can agree about conservatorship, possession, child support, and decision-making.
The amount of property does not necessarily determine whether a divorce is simple. A couple may own substantial assets but agree about their division. Conversely, a case involving relatively little property can become complicated when ownership, debt, parenting, or another important issue is disputed.
What Information Is Still Needed?
Even in an agreed divorce, the parties should understand what they own and owe before signing final documents.
Common issues include who keeps the house and whether refinancing is required; responsibility for mortgages, credit cards, vehicles, and other debts; division of bank and investment accounts; retirement benefits; personal property; tax-related issues; and conservatorship, possession, and support when children are involved.
Retirement benefits deserve particular attention because dividing some retirement plans requires additional orders beyond the divorce decree.
Similarly, awarding a house to one spouse does not by itself remove the other spouse’s name from a mortgage.
What Happens During the Process?
A Texas divorce begins with filing a petition and proceeds through the steps required before a final divorce decree can be entered.
If the parties have reached agreement, the principal work may involve confirming the terms, preparing the necessary documents, resolving overlooked issues, and obtaining entry of the final decree.
When only one or two matters remain disputed, mediation or direct negotiation may allow the parties to resolve them without turning the entire case into contested litigation.
Why Does the Final Decree Matter?
An agreement is only useful if the final documents accurately implement it.
A decree should clearly identify property being awarded, debts being assigned, obligations that must occur after divorce, and the rights and responsibilities involving children. Ambiguity at this stage can create disputes later.
Our approach to a straightforward divorce is to identify what actually requires legal attention and avoid creating disputes where none exist. The objective is not to make a simple divorce complicated. It is to make sure that when the divorce is finished, the documents accurately reflect the agreement and leave as little uncertainty as reasonably possible.