A Simple Divorce is a streamlined process where at least one of the parties hires an attorney to prepare the basic Petition for filing, gather the information necessary to prepare a proposed division of the marital estate and parenting plan (if applicable), and incorporate the agreed upon terms into a Final Decree of Divorce.
- Due to ethical rules and limitations, the retained attorney will only be able to represent one of the parties. Generally speaking, because of these limitations, and because we do not want to give the impression that we are working with and advising both parties, we will only meet with the party who hired us.
- If the other party wants an attorney to represent him or her, we are happy to provide a list of attorneys with whom we frequently work, and who share our commitment to avoid making divorce more difficult than it needs to be.
WHO IS A GOOD “FIT” FOR A SIMPLE DIVORCE?
Couples who are a good “fit” for a Simple Divorce are those people who commonly share the following characteristics:
- They share a level of trust with their partner and believe they will be able to work together to resolve the issues that need to be settled in a divorce;
- They are both committed to providing full disclosure of information in a timely manner, including but not limited to information about financial accounts, business interests, employee benefits, etc.;
- They are both seeking an equitable and amicable end to their marriage relationship; and
- If they have children, they see eye-to-eye on their parenting goals.
WHAT IS THE SIMPLE DIVORCE PROCESS?
Our Simple Divorce Process generally follows the following steps:
1. We file a basic Original Petition for Divorce;
2. We provide our Client with worksheets that request financial information from both parties, and a workbook that also requests parenting information from both parties;
3. When the information is returned to us, we will meet with our Client to discuss options for dividing the estate and reviewing the parenting decisions that need to be made;
4. We will then prepare a Final Decree of Divorce, and review that with our Client;
5. Our Client will provide that Final Decree of Divorce to their partner and will highlight any issues or changes they want to be made;
6. If there are no changes, or any changes that were made are changes that are agreed upon, we will make the changes and provide the revised Final Decree to both parties for signature;
7. If the other partner has not hired an attorney, we will also need them to sign (in front of a Notary Public) a Waiver of Service that affirms that they have received a copy of the Petition and do not require formal legal representation; and
8. After we have received the signed paperwork, we will prepare the Final Decree of Divorce for filing and entry by the Court.
Sometimes, there is additional paperwork to be completed, such as Deeds or Titles to transfer assets according to the terms of the Decree. We take care of filing all of that as well.
WHAT IF WE ARE NOT ABLE TO AGREE?
It is not uncommon for divorcing couples to have opinions and ideas that differ from each other, even though they thought they were on the same page. That is okay. We can still help you achieve a divorce without launching “nuclear weapons”.
Our next step would be to schedule a date with a mediator, who can help us resolve the issues. This does increase the expense of the divorce process. A mediator will typically charge about $2000 – $3000 for a full day of mediation (about half of that for a half-day mediation); your lawyer’s fees for that day will be in addition to that. Generally, the parties in a simple divorce split the fees equally.
The job of the mediator is to help the couple find common ground on the disputed issues, and resolve those issues without going to court. The decisions agreed to during a mediation are final and binding on the parties. This means after spending a day in mediation, you can rest assured that the decisions made for your divorce are over when you reach an agreement. If you don’t reach an agreement, then the next step would be to set your case for trial. (App. 90% of cases will settle at mediation – so the odds are in your favor).
Once you reach a mediated agreement, then we prepare the Final Decree of Divorce and complete the steps outlined above.
Don’t Face This Alone – We’re Here to Help
Hargrave Family Law – Dallas Divorce Lawyers
If you ultimately decide that divorce is the right choice for you and your family, we’re here to help you get through it with as little stress as possible. At Hargrave Family Law, you don’t just get a lawyer— you get a legal team that’s dedicated to supporting you throughout your case. Reach out today or at (214) 416-9433.
