Uncontested Divorce Attorney in Austin

Uncontested Divorce Attorney in Austin

Divorce Doesn’t Have To Be Messy 

When a couple plans to get married, they usually do not intend to separate. However, approximately 50% of first marriages end in divorce. This doesn’t mean everyone goes through a contentious dramatic legal process. An uncontested divorce offers couples an amicable way to end their marriage without the need for lengthy court battles or costly legal fees. If you and your spouse can agree on key issues such as property division, child custody, and support arrangements, you may be eligible for an uncontested divorce in Austin, which typically offers a faster and more affordable alternative to traditional litigation. 

At Deyerle Silva Smith, our uncontested divorce attorneys in Austin are committed to helping Texans navigate their family law matters regardless of their situation. If you and your spouse are generally agreeable to the terms of your split, Deyerle Silva Smith has the expertise and deep understanding of state laws and procedures for a streamlined experience with uncontested divorce attorneys. 

What are the Disadvantages? 

While uncontested divorce in Austin offers many benefits, it’s important to consider the potential drawbacks before proceeding with this approach. Despite its advantages, this may not be suitable for every couple or situation. Here are some disadvantages to be aware of: 

  • Unequal Bargaining Power: In some cases, one spouse may hold significantly more bargaining power than the other, leading to unfair or lopsided agreements. This imbalance can result in one party agreeing to terms that are outside their best interests simply to expedite the process. 
  • Limited Legal Protections: Unlike contested cases, where each party has the opportunity to present evidence and arguments in court, uncontested divorce in Austin relies heavily on the integrity of the agreements reached outside of the courtroom. This can leave vulnerable spouses with limited recourse if disputes arise post-judgment.  
  • Complexity of Legal Procedures: While uncontested cases are often touted as a simpler alternative to contested litigation, the legal process can still be complex, especially for couples with significant assets, debts, or child-related issues. 
  • Potential for Future Conflict: Despite the intentions of both parties to maintain an amicable relationship, future harmony and cooperation are not a guarantee. Disputes may arise over issues not addressed in the original agreement, such as changes in financial circumstances, relocation, or modifications to child custody arrangements. 

The disadvantages of uncontested divorce in Texas can be more damaging if you lack proper legal representation. Working with an experienced uncontested divorce attorney in Austin for your case can help reduce the impact of potential disadvantages. 

Alternatives To Uncontested Divorce in Austin

If you and your spouse are unable to move forward with an uncontested divorce, other separation options may better fit your situation. Each of these alternatives has its advantages and drawbacks, and couples should carefully consider their options and seek guidance from legal professionals to determine the most suitable approach for their situation. 

  • Contested Divorce: This is when the parties cannot agree on the terms and require a judge to make the final decisions. 
  • Fault Divorce: In this situation, one spouse must demonstrate that the breakdown of the marriage is attributable to the actions of the other spouse. Common reasons for fault include adultery, cruelty, abandonment, and felony conviction. The spouse claiming fault-based grounds must substantiate these claims with a preponderance of the evidence, showing it is more likely true than untrue. Should the court determine the validity of the grounds, it may opt to allocate a disproportionate portion of the marital assets to the spouse deemed innocent in the matter. 
  • No-Fault Divorce: There’s no requirement for either spouse to demonstrate the other’s responsibility for the marriage’s dissolution. Instead, one or both spouses need only assert the presence of irreconcilable differences and an absence of reasonable prospects for reconciliation. Typically, a no-fault case is faster and incurs fewer expenses compared to a fault-based case. 
  • Default Divorce: In these cases, one spouse initiates the process by filing a petition and providing the necessary documents to the other spouse. If at least 60 days have passed since the filing, and the other spouse has not responded, the court may issue a default judgment in favor of the initiating spouse. This implies that the court will proceed to finalize the end of their marriage and determine matters such as property division, child custody, and child support solely based on the requests made by the filing spouse. 
  • Collaborative Divorce: This is when both parties retain their legal representation while committing to collaborate towards a settlement outside of court, often with the aid of mental health and financial professionals. This approach aims for a less adversarial and more cooperative resolution. However, court involvement is prohibited during the collaborative process. Consequently, if either party requires court intervention, they must terminate the collaborative process and engage new legal representation, as the counsel involved in the collaborative process cannot continue to represent that spouse in court proceedings.

Selecting An Uncontested Divorce Attorney in Austin

Regardless of how amicable the spouses are, an uncontested divorce is still a legal process where participants benefit from having proper representation. The uncontested divorce attorney in Austin you choose to work with can greatly impact the outcome of your case. At Deyerle Silva Smith, we are dedicated to helping our clients reach the best possible outcome in their legal matters. Contact us today to learn how we can help with your uncontested divorce in Austin, Texas.  

Our expertise includes:

Achieving the best outcomes

See what our clients are saying about their case outcomes. 

"Candice, Ashley, and Laurie are highly professional, strategic, thorough, and above all intelligent. They helped me stay organized (which is no small feat), gracefully pivoted in the face of challenges, and provided emotional clarity in times of distress, even when those challenges and distressful situations were due to missteps by me. In my case, Candice routinely exhibited prescience regarding which matters deserved focus and which matters were distractions, which saved time, and money. Ashley expertly delivered to the court clear, concise, and highly effective summaries of complex topics. More than once, Candice and Ashley noticed and brought to light critical details that easily would have been missed and that had a huge impact. I couldn't say enough about how much this team helped me through my ordeal."
Greg Banister
"Lianna inspired confidence from my first contact with her. Her calming demeanor and good information convinced me to let her handle my divorce, and I believe that was a good decision to this day. She handled my divorce very professionally and respectfully and with favorable results. I can easily recommend Team Lianna for divorce matters."
Neil Sembower
"Incredibly experienced - Produces great results Kody was the best decision I made when choosing legal representation. His experience was invaluable in helping me understand the ramifications of each option and choices available during my divorce proceedings. The professional nature of Kody and his team was evident by their responsiveness and execution. Preparation meant everything as we headed into mediation and I felt supported and empowered by his informed and organized approach. He was sensitive and honest about the cost/benefit of each complex element of our assets/liabilities which led to a successful agreement and avoided costly litigation. Divorce is a major life event that has a long lasting impact on everyone involved. His guidance during this difficult time has made the experience positive for me and has laid a strong framework for my future and my children's future as I move forward."
"Divorce sucks. The issues keep coming years later. No other way to phrase it. My experience with the firm was top notch. I retained the firm for a mediation in an effort to have more visitation with my two young boys. My attorney (Lianna Smith) took my concerns and helped build a plan around what wanted. During all the times of frustration, Lianna would constantly talk me off the ledge and remind me to play the long game. Her paralegal (Laurie Theriot) was always available to answer a question or look up something. Laurie is a jewel!"
Richard Lazo
"Ultimately what needed to get done was done. But throughout the several months I used their service, I had to prompt them to do things. I also caught numerous errors that I feel like they should have caught prior to sending me something to approve. Fortunately I have had experience reviewing legal documents, though I’m definitely not an attorney. When I would send Laurie, the paralegal assigned to me, an email she was very responsive, so that was a good experience. I never had trouble getting ahold of them, I just usually had to prompt the communication and I did not think it was appropriate that I had to point out as many errors in legal documents as I did. If you are not prone to reading everything, proceed with caution."
Michael Bullock
"Knowledgeable, Realistic, Compassionate, & Gets Results When first meeting with Mr. Silva, he asked me, ideally, what I would like to get out of the divorce process and to prioritize them. He walked me thru how the legal process would work and then laid out a strategy to try to reach objectives we had set and agreed upon. Mr. Silva was very knowledgeable of the law and of the Williamson County court system. Mr. Silva and his team were always very responsive whenever I had a question or concern regarding my case. Mr. Silva valued my time and concerns. When is was all said and done, the strategy that Mr. Silva had laid out, worked, and we were able to achieve our top three priorities in the case. I would definitely retain him again in the future if the need ever arose."
"I needed an understanding divorce lawyer to help me complete complicated and detailed divorce. One that had been winding through the process in Washington DC and needed to start over and be re-executed in Texas. Laurie Theriot and her paralegal Candace Deyerle were amazing to work with and so helpful on the detail work. Thanks to the whole thing in helping set me free. I could not recommend them enough."
Victoria G.
"I went through a difficult divorce recently that required experience with LGBTQ issues. Picking Kody for my legal counsel was the best choice I could have made. I knew from the first meeting with Kody that he was completely invested in my case and would give it the attention it would require. He proved to be an exceptional lawyer. He was fair-minded, professional, and realistic at all times, even when my ex-wife’s lawyer was trying to make it extremely difficult to stay civil. He knew when to be firm and unwavering with the opposing counsel, which ultimately resulted in an agreement without having to go to court. Kody and his paralegal, Priscilla, are an excellent team. They were friendly and responsive at all times. The billing of my case was handled in a very prudent and efficient manner. I wouldn't hesitate to hire Kody again in the future."
"Outstanding Job Lianna listen to me and was compassion to my situation. She worked with me and guided me as to what I would be expecting during the whole divorce. She outline detail by detail the steps that were going to be taken. She was always there to answer my concerns and questions. During the mediation she fought all the way to make sure that I got my fair share. Her attention to detail was awesome. I couldn't had asked for a better lawyer than her. I had met with other lawyers before her and they didn't acknowledge the pain I was going through. However, when I met with her she listen and was so understanding toward my pain that I immediately knew she will fight for me."

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