Q: TX Uncontested Divorce
No alimony or minor children. Very amicable - agreed on all details. Both of us have IRA's, 401k's but do not currently draw retirement benefits. Is uncontested an option (as is our STRONG preference)? Does this change if my wife buys a house after filing but before finalized (not sure why she doesn't wait other than it's an emotional preference). Thanks!!
A: Yes, as long as minor children are not at issue, uncontested divorce is the way to go. As to your wife's purchase, she should wait until the finalization of the divorce, which can occur as early as 60 days after the initial filing. If however, she purchases the house before finalization, the final decree can provide that the new house is her separate property and you waive any interest in it.
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A: The purchase of the house is community property until the divorce is finalized. That means that the court can consider it for purposes of dividing property in case there is a dispute. The property would be awarded to your spouse in the decree, if in fact she purchases it before divorce is finalized and you both agree to do so. 888-343-4529.
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