Is uncontested divorce, what is the best way to protect my retirement?

UPDATED: Sep 30, 2022

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Is uncontested divorce, what is the best way to protect my retirement?

Legally married for 27 years as of last month; separated for 14 months. I’m no longer willing to be separated as there are to many differences to resolve. She has agreed to leave my retirement alone and I have agreed the same. All children are grown. My 21 year old son is the is the only dependent

since he is a full-time college student. My 24 year old son lives with his mom. My 19 year old daughter is married.

Asked on September 20, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The best way to protect your retirement is to hire an attorney to draft your final decree with language that officially awards 00% of your retirement benefits to you. 
Many people are using the pro se, 'do it yourself' forms, to file for divorce.  I don't knock these forms because they have helped a lot of people file for more economical divorces.  The document that get's the ball rolling is an original petition for divorce.  You can do this yourself.  Your wife can fill out a 'do it yourself' answer, which is also economical.  Drafting a decree with no kid issues can range between $200-750.00, just depending on who you hire.  Regardless, it really is worth the funds to make sure that wording is exactly right.  You can then take the decree to the court for final entry without having to worry about fixing it a few years down the road.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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