Posts Tagged ‘Uncontested Divorce’

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I want to handle my own divorce paperwork, how do I begin?

Tuesday, May 11th, 2010

Many times two people seeking a Texas divorce have agreed upon all the issues and simply need the guidance and paperwork to complete the process. In this scenario it does not make sense to pay an attorney thousands of dollars to handle something the spouses should be able to handle themselves, right?

The judicial system is open to “pro se” litigants or litigants who represent themselves, but everything has become so complicated that the average person does not know where to begin.

The first thing you need is an agreement between the spouses on everything from property and debt division to child related issues such as custody, child support and visitation. This is actually the hardest part. Many people will say that everything is agreed, or they want an uncontested Texas divorce, but when pressed on the issue it becomes clear that nothing has been agreed to. They just like the idea of agreeing. Get this done before you do anything else.

A common question that arises is “how do we know what the Texas law provides so that we can put it in our agreement”? First of all, you are free to agree on just about anything you want. The only caveat to that is that the court will look out for the best interests of the child. For example the spouse who normally would pay child support makes $100,000 per year but the parties agree to no child support. There better be a pretty good reason for this or the court may not approve the order.

If you want to keep things a little more standard, you can research the standard possession order in Texas or how to calculate guideline child support in Texas online. I have posted about both of these subjects on my blog and on the Avvo.com website, so I know the information is out there.

Once you have your agreements worked out, you need the forms to complete your divorce yourself. You can use the standard run of the mill legal forms that you find online but they are a one size fits all proposition and are not tailored to Texas divorce. The other option is a forms or paperwork package through an attorney, such as my firm, with the forms prepared and reviewed by an attorney with specific instructions on how to file, where to file, and exactly what to do. The price is similar, but the quality of the services are significantly different.

If you want to handle your own divorce paperwork and you are not in the State of Texas, you can visit this website to find an attorney in your area who will assist you in preparing your divorce paperwork.

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Posted in Children, Divorce, Divorce forms in Texas, divorce paperwork texas, Do it yourself divorce in Texas, online divorce papers, uncontested divorce Texas | No Comments »

divorce and debts – get my name off!

Thursday, May 6th, 2010

A very common issue that arises in Texas divorces is removing a parties name from a joint debt.  This can arise in the form of a jointly owned automobile, home, or a simple credit card.

The common question is “how do I get my name off that debt”?

The simple answer is you cannot.  A Texas divorce judge does not have the power to affect a creditor’s rights in collecting from whomever is listed on that debt.  Imagine if a judge in Texas could change the names on a jointly held credit card of a company in New York.  A Texas judge does not have that authority.

In the case of a jointly owned automobile or home, the only way to clear a name off the debt is to either get the loan company to agree to do so (fat chance), sell the item and buy something new, or refinance the home or car in question.  If none of these are an option, then you are most likely stuck with your name or your ex’s name on the loan or credit card.

With credit cards, the same goes as above.  You can ask the credit card to remove one parties name or, to be safe, you can pay the debt yourself.

So the next question is “can’t I get the judge to order them to pay the bill?”

Yes you can, and a Texas Divorce Court has the authority to order one party or the other to pay it.  What you have to understand, however, is that does not change the fact that both parties names are still on the debt.  If the party ordered to pay defaults on payment, the creditors are going to seek payment from BOTH parties regardless of what the order says.

Your only recourse in that situation is to ask the divorce Court to enforce their order that the party pay that specific debt.  In Texas, even if you prevail, the judge cannot put someone in jail for failure to pay a debt so the best you could hope for is a judgment against the other party.  A judgment is not worth much for someone that has nothing.  Collecting a judgment in Texas is a tough proposition.

The result is that you are left with trashed credit or you are out the money to pay the debt that the other side was ordered to pay.

The moral to the story is, if you are concerned about your credit, pay the bill.  If it is a house or car, refinance or sell it because a divorce Court cannot affect a creditor’s right to collect their debts.

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Posted in Debt division, Divorce, Property division, Separation, Texas | No Comments »

how do I serve someone in a Texas divorce if I do not know where they are?

Thursday, April 29th, 2010

Many times a person will want to file for divorce in Texas, but they do not know where their spouse is and do not know how to serve them. Below are your options.

1. Search, Search, Search
First you must exercise due diligence in locating them. Due diligence means using any means you can to find them. Call family and friends, perform an internet search on them or their family members, look in phone books, etc… You have to do everything you reasonably can to find them. I do not think you are required to hire a private investigator, but some courts may require this.
2. Service by Publication
Service by publication is basically a newspaper add in a newspaper stating that you have sued someone. It is designed with the thought that the person will read the newspaper and then be put on notice. This form of service must be used in divorces with property and/or children.
3. Service by Posting
If there are no children of the marriage, and no property to divide, you can serve someone by “posting”. Posting is placing the petition for divorce on the courthouse steps. Again, this is designed with the idea that the person would see it and have notice of the suit. You will need some extra documents in this type of divorce so consult an attorney for assistance.
4. Do they really get notice?
Obviously under each of the above service styles (publication and posting) the person will most likely not get notice. However, the Courts and the legislature have said that this is sufficient notice of the pending lawsuit to satisfy the court that they have been “served”. To qualify for this type of service you must show the court that you exhausted all means under Section 1.  If you can do this, the court will deem that service and you can proceed with the Texas divorce.

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Posted in Divorce, divorce paperwork texas, Modification, Separation, uncontested divorce Texas | No Comments »

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