A Simple, Uncontested Divorce With No Children Involved? Don’t Forget Other Issues To Be Resolved.
To protect your rights and interests, before you start in on a DIY divorce, get personalized advice that takes into account your unique circumstances. At Bandoske & Butler, PLLC, our attorneys respect the wishes of many of our clients who want to keep their divorces simple. At the same time, we alert them to issues involving property and debts that they should not overlook in their rush to put their marriage and divorce behind them.
Addressing Property And Debts In A Simple Divorce Without Children
Property division is the main issue in your divorce without children. Texas is a “just and right” state for the distribution of marital property, so the division of assets will not necessarily be 50-50. An uncontested divorce often comes about after a short marriage, with each party primarily keeping their own money and belongings. The financial issues to be resolved are often more about dividing debt than dividing assets.
About cars: Spouses are often on each other’s car loans. The divorce settlement should take this into account. If your name is on your spouse’s car loan, get a lawyer’s advice about how to protect yourself from being stuck with the payments with no benefit to you. If your spouse’s name is on your car loan, is there a way to pay off that loan before the divorce to keep things simple? Explore your options with an experienced lawyer’s help.
About your house: If you own a house together, separating your respective interests in it will take some work. Your divorce decree may include a requirement that whichever spouse keeps the house will refinance it to have the other’s name removed from the loan. There may be a need for a deed of trust to secure assumption (DOTSA). Under this procedure, you or your spouse, whoever is giving up their interest in the house, will sign a special warranty deed, transferring their interest to the other spouse. The spouse keeping the house, in turn, will sign a DOTSA, enabling the other spouse to no longer be liable on the loan.
Student loan: The person who took out the loan is responsible for paying it. But what if you or your spouse guaranteed the loan for the other? Our family law attorneys can help you arrive at an equitable solution, possibly involving other assets.
It Should Be Obvious That A DIY Divorce May Have Pitfalls
Our divorce lawyers at Bandoske & Butler, PLLC, in San Antonio have the knowledge, experience and sophistication necessary to address all critical issues while advising you as you pursue an uncontested divorce. We are confident that the value of our counsel will be much greater than what you believe you might save if you pursued a risky DIY divorce.