Bruce Allen Buskirk, Esq.
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Serving The Following Areas
- The Woodlands
- North Harris County
- Montgomery County
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After 5:PM and Weekends
Fax # 281-315-8863
4606 FM 1960 W #400
Houston Texas 77069
(Building Next To Office Depot)
Cheap Divorce Lawyer In Houston Texas, Texas Divorce lawyer, Houston Texas Divorce Lawyer
Frequently Asked Questions About Uncontested Divorce
Uncontested divorce is the way most people divorce.
It's simple and inexpensive, and it offers you and your spouse the chance
to end your marriage quietly and with dignity. It's not right for everybody,
Advantages of Uncontested Divorce
The most apparent advantage of uncontested divorce,
of course, is its cost. With the exception of the pro se divorce, an uncontested divorce that stays uncontested divorce
is almost always the least expensive way of getting divorced. The simple fact is that any money you can avoid spending
on divorce lawyers is money you can use to live on after divorce or spend on your kids.
The low cost is not, however, the only advantage of uncontested divorce. If the level of
conflict between the two of you is low now, uncontested divorce offers a way to
keep it that way. It's also private. The agreements the two of you reach
in an uncontested divorce and file with the court will of course be a matter
of public record, but the disclosures you make to each other don't have
to be. Nor do the various proposals you discuss as you negotiate an agreement that's acceptable to both of you.
I don't think you have to agree with each other about the issues of your divorce for an uncontested divorce
to be right for you. It's not so much a question of agreement as it is
your desire to get through your divorce, and a practical sense on the part
of both of you that you want to minimize the cost badly enough to stop fighting,
stay in control,and end your marriage.
If you and your spouse don't yet agree on all the
issues of your divorce, that just means you may have some negotiating to do before you finish it. If neither of you gets
rattled or gets in a hurry, you'll probably be able to get through it.
When it's a bad idea
Uncontested divorce is a bad idea when one of you is beating up on the
other one. When there's ongoing domestic
violence, the victim can't possibly negotiate with the perpetrator on
anything like a level playing field. He or she needs an advocate, and it's
difficult to get this done in the context of uncontested divorce.
Uncontested divorce is a bad idea when the parties are not able to talk
with each other. If your spouse refuses to have any discussion with you
about divorce, and if you're determined to move forward with the process,
any money you spend on an uncontested divorce is likely to be wasted. If
you're patient, you may find that your
spouse will come around later, but if you're determined to do it now and
your spouse is digging in his or her heels, you'll have no choice but to
serve them with the process and do it the hard way.
Uncontested divorce is a bad idea when one or both of the spouses is both
ignorant about the law and greedy (it takes both). If your spouse is just
ignorant but reasonable, uncontested divorce can work fine. If your spouse
is well informed about the law but greedy, rationality will eventually win
out, and you and your spouse will eventually be able to reach agreement.
But in those isolated cases where one or both of you are both ignorant and
greedy, you'll probably need separated attorneys before you get it all
How It Works
The first thing you need to know about uncontested divorce
is that the divorce lawyer you get to do your uncontested divorce cannot represent
both of you. As a society, we assume that the spouses in a divorce have
necessarily different interests. The ethical principles for divorce lawyers therefore
require that a lawyer cannot represent both parties. The divorce lawyer must represent
one of you and not the other. The lawyer will need to know at the outset
which of you is his or her client and which of you is not.
I meet with the spouse who is my client in my office.
We work together to think through the key issues involved with the divorce, and I explain to my client
what each document does and the various options available. We produce together all the paperwork that
either spouse will need to sign.
How it Costs
The prices for uncontested divorce vary widely.
In general, expect to increase the fees if children are involved, if
any significant assets or unusual debts are involved, or if anything else
about the divorce requires that he or she spend significant time on the
For starters, the person who is represented will be
the plaintiff, the one "asking" for the divorce. If it's offensive to either
of you to be the one who asks for the divorce in the legal documents, that
may settle the question right there. For most divorcing couples, though,
neither spouse has a strong objection to being the plaintiff. If that's
the case with you, that means it frees you up to focus on the practical
Start with the assumption that the divorce lawyer in an uncontested
divorce is looking out after his or her client. That means that having
the divorce lawyer on your side and not on your spouse's side is a powerful advantage.
Once you understand that, it makes sense that the lawyer should represent
the spouse who needs help the most.
of Uncontested Divorce
The first disadvantage of an uncontested divorce flows from its very simplicity. If, for example,
you and your spouse hold joint title to
property or owe money jointly, or if your
have unusual parenting needs, resolving them
in uncontested divorce may be awkward.
The second disadvantage of
uncontested divorce arises from the way the law looks at the role of the
lawyer in divorce. Like it or not, the law sees divorce as an
contest between you and your spouse. And because a lawyer must not
represent two parties who are competing with each other, the lawyer cannot
represent both of you. He or she must represent either you or your spouse.
In an uncontested divorce, that means the other party will not have a lawyer
at all. That's an imbalance of power between the spouses.
for the Unrepresented Spouse
The simplest safeguard is a coach for the spouse who
is not represented. In this context, the coach simply reviews the papers
after they've been drawn up, quizzes his or her client about the facts
of the divorce and what the client wants to accomplish, and reviews with
the client the options available.
It's simple, quick, and relatively inexpensive. It
gives the client the information that he or she needs before signing the
divorce papers, but it doesn't push the divorce into a protracted
The other safeguard is for the unrepresented spouse
to gather lots of information about the divorce from as many sources as
possible. There's lots of information
available from other sites on the web, and
lots of good books on the subject.
Protect Your Rights
Bruce is ready to utilize his Family Law background, experience and knowledge
to protect and safeguard your rights.
Call Bruce Right Now! 281-583-7553
Toll Free 1-866-825-8633 After 5:00 PM
More Frequently Asked Questions
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Bruce Buskirk Attorney 4606 FM 1960 West Houston Texas 77069 Tel: 281-583-7553
The information contained in the Bruce Allen Buskirk website is provided for informational purposes only,
and should not be construed as legal advice on any subject matter.
Unless otherwise referenced the attorneys are not certified by Texas Board of Legal Specialization.
Cheap Divorce Lawyer In Houston Texas, Texas Divorce lawyer, Houston Texas Divorce Lawyer,
Call Bruce Now! 281-583-7553
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