Waiver Divorce Attorney in McKinney, Texas

Understanding Waiver Divorce in Collin County

Getting divorced is rarely an easy process. Making the decision to end a marriage can be highly personal and emotional. In complex cases, where a couple owns a great deal of marital property and litigation is needed to resolve disputes, a divorce can take several years from start to finish. However, there are much simpler and faster alternatives to divorce litigation. One option for spouses who share little to no community property and do not have any children in common is a waiver divorce.

Signing a waiver of service can mean that your divorce will be processed almost instantaneously. However, by agreeing to a waiver divorce, you may be giving up certain rights. Signing a specific waiver can mean that you are merely waiving your right to be formally served with divorce papers, while signing a global waiver can mean that you are waiving your right to be involved in divorce proceedings entirely.

Divorce Mediation Centers of America can help you better understand whether a waiver divorce may be a good option for you. In some cases, a waiver divorce can be the quickest and easiest way to get divorced. However, in others, a waiver divorce can leave you without important legal protections. We will carefully evaluate your case in order to help determine whether a waiver divorce is right for you.

How Does a Waiver Divorce Work in Collin County?

In a waiver divorce, the party who would normally be formally served with divorce papers and other documents pertaining to the case waives their right to either service alone (specific waiver), or their right to be notified of and involved with divorce proceedings (global waiver). This generally means that the spouse who filed for divorce will effectively be granted the divorce quickly and with little action on the court’s part. Mediation is generally not required, but it may be helpful for some spouses. The petitioner essentially receives what they have requested with no further involvement from the respondent. It is very important that you speak with an attorney before signing a global waiver, as it is very difficult or impossible to reverse the waiver once it is signed.

Waiver divorce is by definition uncontested - the court will not hear arguments or testimony from both parties, nor will evidence need to be presented in most cases. You and your spouse should generally have an agreement regarding any legal issues in your divorce case before either party signs a waiver.

Who Should Consider a Waiver Divorce in Texas?

Generally, waiver divorces are best reserved for spouses who have very little or no community property to divide and no children in common. If you and your spouse were only married for a short time and did not purchase any significant joint assets, a waiver divorce may be ideal. Short-term marriages often lend themselves to this highly simplified method of divorce, as there are often no deep financial ties established. It is also best if you and your spouse are relatively amicable, as there is the potential for one party to be taken advantage of in some situations.

If you are looking to end a short-term or “paper” marriage, a waiver divorce may provide you with an uncomplicated and speedy divorce process. However, you should always consult with an attorney before signing any legal document, particularly one pertaining to your divorce.

Contact a Collin County Waiver Divorce Attorney

If you are considering a waiver divorce as a simplified solution for ending a brief and uncomplicated marriage, Divorce Mediation Centers of America can help. We can offer you a free, no-obligation consultation and case assessment. To set up your complimentary consultation, please contact us at 469-406-4320.