Agreement Incident to Divorce

As a San Antonio divorce lawyer, I think a lot about my client’s needs during a divorce. On a continual basis, my clients ask about how their divorce can be kept private and away from the public’s knowledge. One way to accomplish this is to enter what is called an “agreement incident to divorce.” When you are consulting with a San Antonio Divorce attorney, it is a good idea to discuss if this type of agreement is an option for you. An Agreement Incident to Divorce is a way to privately enter an agreement with respect to property division and child issues. Typically, without an Agreement Incident to Divorce, whatever the parties agree to or the judge orders becomes part of a typed Final Decree of Divorce. This document is filed with the court’s records and is a public document. If you go with an Agreement Incident to Divorce, the agreement is not filed with the court so it does not become part of the court’s record. It is enforceable like a contract, so it is just as good to enter this type of agreement as the regular Final Decree of Divorce. As a San Antonio divorce lawyer, I typically find that my client’s that have a significant estate prefer to have the Agreement Incident to Divorce over the traditional Final Decree option.

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