Posts Tagged ‘Uncontested Divorce’

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 »

great articles on do it yourself divorces

Wednesday, August 5th, 2009

Click here to visit the site. Remember that I offer online divorce paperwork to handle your own divorce in Texas. You can visit that portion of my website by clicking here.

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do it yourself divorce continued….

Wednesday, September 12th, 2007

I have found an excellent resource for those of you out there pursuing your own “pro se” (representing yourself) uncontested divorce. I still think the first step is to contact your local district clerk’s office and/or the court for their procedures. Additionally, the Texas Young Lawyers Associtation (TYLA) has put together some great information in assisting you through the legal quagmire. Their website is the www.tyla.org and more specifically the family law information can be found at www.tyla.org/family_law.html.

They have a “Pro Se Divorce Handbook” and “What to Expect in Family Court”. Both of these are excellent resources as they pull the curtain back a bit from the process of uncontested divorces in Texas. They’ve done such a fine job that I think I may not need to do it myself. So it’s on to a new topic…..

If you need help with Uncontested Divorce paperwork or forms, visit my website at www.chrislawyer.com.

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

do it yourself divorce in Texas part 2

Thursday, June 7th, 2007
do it yourself divorce in Texas Part 2

Many months ago we discussed where to file your divorce and how to contact the clerks for help with your “pro se” divorce. In this episode we will discuss the starting paperwork.

If you are still unclear where to file, please review my earlier posts or log onto my website http://www.chrislawyer.com/, go to the “Resource Links” page and click on the Texas Family Code link at the bottom of “Organizations”. From there you want to go to Title 1, Chapter 6 – Suit for Dissolution of Marriage. The specific code sections are Sections 6.301 through 6.308. These should help.

Again, I am not your lawyer. I don’t represent you unless you retain me and sign an attorney employment contract. The forms below are just for purposes of illustration and are not intended to apply in every case, or your case for that matter. If you use these, and they are wrong for your jurisdiction, or incomplete, do not blame me…I have warned you not to use them. To get up to date forms, go to your local law library or hire an attorney!

To begin a divorce you will need an Original Petition for Divorce. This document “petitions” the court for the relief you are seeking, or in English, tells the court what you want them to do.

The requirements for what is to be included in the petition are found following the instructions above for my website Sections 6.401 and 6.402.

Section 6.401 discusses the “Caption” for your pleading. The caption is the top part of the document as seen on the left.

Section 6.402 discusses the requirements for the language in the “pleadings” or in English, the “paperwork”. The statute is telling you that you need to list the grounds for divorce, which has been discussed earlier in my blog. Typically that will be “insupportability” which is the no fault divorce in Texas. The statue also tells you to not put factual allegations in your document, just the general requests for the court. To the left is a sample petition for divorce. Notice that there are no facts in there like “my wife beat me on the head with a frying pan”, or “I want the

toaster oven from our wedding, and the lifetime supply of funnel cakes we won at the fair”. No facts, just simple requests.
Remember, this is a simple divorce scenario with no property or children. Part 1 is the discovery level. It has to be included, but what it is is not really important at this point. If discovery is involved in your case, you need an attorney. Typically if your estate is less than $50,000 and there are no children, then it is Level 1. If there are children or the estate is worth more than $50,000 it is Level 2.
Part 2 is self explanatory. Part 3 is where you tell the court that you are in the right court because you met the residency requirement discussed above and in my prior post. Part 4 regards service. Any person sued for divorce in Texas is entitled to know that they are being sued for divorce. You can show the court that your soon to be ex knows about the divorce either by 1. having the constable serve them with papers or 2. having them sign a Waiver of Service. We will discuss this issue in later posts. Part 5 should be self explanatory and simply tells the court there has been no protective order filed. If one has, you need to make the court aware of it, and you made need a lawyer.

Part 6 is easy, date of your demise (i mean divorce) and the greatest day of your life (separation). Kidding. Not always fun and games…but sometimes it is! Part 7 is the grounds for divorce which has been discussed in earlier posts. Insupportability is the no fault divorce. You can list other grounds if you like, but you probably need an attorney if you are concerned about grounds for divorce. Part 8, children, none according to our scenario. If you have em, your form will look different as they will be listed in the “caption” and there are other sections to include regarding conservatorship, visitation and child support. If you have child related issues, you may need a lawyer.

Part 9 deals with property. This example says that there is property, but the parties are trying to reach agreements as to its division. Another example of language here would be “no community property was accumulated by the parties” or something to that effect. Part 10 is where you pray (and beg) for the court to give you a divorce. Just legal mumbo jumbo.
At the bottom you would sign it in the appropriate place and you are ready to file your documents. In my next post we will discuss how to file your petition for divorce.
These documents can be found at any law library in “form” books. Track down a legal library in your area and ask them for a form book for divorces. These are NOT the ones that you find at Borders, etc…, these are forms approved by the State of Texas and should provide you with the most reliable forms.  If you would like for me to prepare your forms, please contact me.

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Posted in Divorce, Divorce forms in Texas, Self Help Divorce Lawyer in Plano, Texas, uncontested divorce Texas | No Comments »