Rachel L. Rust, Attorney at Law

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Might Not Want an Uncontested Divorce

When You Might Not Want an Uncontested Divorce

There are some situations in which you might not want an uncontested divorce. Family Law Attorney Rachel Rust explains why in this video.  Your divorce agreement can impact your life for decades to come so you should talk with an attorney before you agree on the terms of a divorce.  If you’d like an appointment with Rachel, please call or text 800-929-1725. She’s an Of Counsel Attorney with the Law Firm of Wadler, Perches, Hundl & Kerlick with offices in Bay City, Wharton and Fulshear, Texas.

When You Might Not Want an Uncontested Divorce

Summary of When You Might Not Want an Uncontested Divorce

I think there are situations where you have to be careful and make sure that it really is agreed and not coerced. Family violence is one of those issues.

It would be difficult for the attorney sitting in the room without other guidance to know that when the guy or the girl did this gesture or did some kind of signal that was what they used to do before they beat each other or did something violent.

Therefore, you have a client who’s saying, “that’s fine, I agree,” or “I don’t care,” or “what’s important to me is something else,” and you have no idea as the attorney, what else is going on. So if domestic violence has been part the history, then you might not want an uncontested divorce.

It may be impossible to reach a fair agreement for the battered spouse without litigation.

Rachel Rust

A Divorce Mediator Can Sometimes Help

I think having a mediator help with that is a good idea.   So if one spouse has been a victim of violence by the other spouse, it would be important to make sure that you have that extra layer of protection for that client.

Also with family violence there are things that a court could not order. A court can’t make you joint legal custodians. In Texas we call that joint managing conservatorship, but the court can’t order that if the violence has taken place within a couple of years.

So there’s some nuances there that are important to let your attorney know when you meet so that the attorney can advise you, even if you want to try to resolve it or settle it.  There may be extra steps that need to be taken to protect you to make sure that any agreement really is voluntary and it is not based on coercion or a power imbalance.

When You Might Not Want an Uncontested Divorce

Call or text 800-929-1725 for an appointment with Attorney Rachel Rust. Or click the button to send us an email.

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Who Is the Best Family Law Attorney for You?

Rachel Rust Attorney at Law
Rachel Rust Attorney at Law

Only you can answer that question, but your answer will likely have lasting impacts on your life and your children’s lives.  So you should think carefully about your goals for divorce, and for five and ten and twenty years after your divorce.

Some marriages are scarred by family violence or abuse.  Some relationships are so broken that your best option would be for a court to decide how to divide your marital property and your responsibilities for raising children.

However, for many people there is a shared willingness to work together for the sake of the children.  There’s a realization that needless fighting during the divorce will leave less money to divide for life after the divorce.  There’s the recognition that the judge will be more focused on distributive justice than punishment.

If you’re willing to work for the better futures of yourself and your children, than Rachel may be a good choice for your divorce attorney.  She has many years of experience as a family therapist.  She’s treated the children and their parents caught in destructive divorces and in the continuing conflicts years afterward.

If Rachel’s background and her experience in promoting non-destructive divorce are aligned with your goals, please call or text for an appointment at 800-929-1725.