In the first post of this blog series we discussed the option of continuing to live with your spouse after the divorce is filed. If you missed that post, you can find it here. Usually when spouses try to cohabit during the divorce proceedings it’s either because the parties fear relinquishing their rights to the marital residence or the divorce is ultra-low conflict. The fear of losing ownership rights to the marital residence is something we will discuss in the next instalment of this series, so be sure to tune in for that if you have questions, but for a discussion of community property, see a blog post on the subject here.
This post discusses what happens in a typical “uncontested” divorce in which the parties try to continue to live together under one roof. In this type of divorce, the spouse who files the divorce will simply give the divorce papers to the other spouse. In this scenario, there are a couple of special documents that go along with the divorce petition, but the benefit of this “uncontested” process is that both parties know where they stand with each other, so distrust is avoided. If things go well, this uncontested model helps reduce the overall cost of the divorce.
Risk: Because the parties are basically depending on each other’s willingness to “play nice” during the divorce, there is no protection from the court. In a typical divorce, the standard operating procedure (SOP) for Youngblood Law, PLLC is to request some basic protections for our client from the court in anticipation of the other spouse getting served with the divorce papers. These protections are called a Temporary Restraining Order (TRO). The TRO is enforceable by the court if the other party violates any of the provisions in the Order such as emptying the bank accounts, turning off the utilities to the house, tinkering with social media accounts, hiding or secreting the kids and much more.
None of the TRO protections will be in place in an uncontested divorce. And maybe you don’t need the TRO if you and your spouse truly get along okay. But be very careful and keep a close eye for signs that the relationship is deteriorating between you and your spouse so if we need to file a TRO we can get to the courthouse right away. We are happy to help clients minimize conflict, but we have seen enough “uncontested” divorces get ugly to know that we have to be vigilant for turmoil that we can head off with a TRO.
Bonus: Get our FREE whitepaper on 10 Things You Need To Plan Before You File For Divorce by clicking HERE.
Youngblood Law, PLLC is a Fort Worth, Texas family law firm that uses a holistic approach to help people define their new normal through the divorce process and beyond. This essay is intended for educational use only, and is not a replacement for competent legal counsel. If you are facing a family law matter, we recommend obtaining competent legal counsel like Youngblood Law, PLLC. For more information, contact us at 817-601-5345, find us on the web at www.youngblood-law.com, or on your mobile device, open your browser and type in lawfw.biz and press Go.
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