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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
There are now many affordable family law programs that help people go through the divorce process, and to help when “cost” is the only thing keeping you from going ahead with such an important legal process. In Texas, filing fees for a simple divorce are about $300. In looking at the low-cost options for first-class legal services, never be willing to give up important rights (such as alimony or claim to property acquired during the marriage) just to get the process done. The good news is that a divorce may actually be granted at 60 days after the divorce petition is filed.
If you can’t afford the filing fee, you can even ask to have the filing fee waived. Go to the district court and ask for an affidavit form to state you cannot afford the total cost of filing. http://www.hcdistrictclerk.com/Common/Civil/pdf/Fee_Schedule_Civil _and_Family.pdf.
If there’s any worry about spousal abuse in this process, you can get help by calling 1 (800) 799-SAFE (1-800-799-7233) or by seeking some advice from an area domestic abuse shelter: http://www.hhsc.state.tx.us/Help/family-violence/centers.shtml.
How To Plan For Divorce
Three of the biggest issues have to do with what your marriage has produced: (1) are there children? (2) Is there much property involved? (3) Are you two co-operating in the divorce?
Many couples go to a counselor, not necessarily to stay together, but to plan how to separate in the best way possible. If there are children, then the court will involve a mediator so the issues of “co-parenting” can be discussed in a less formal (but just as legally important) way. To see what Texas judges have been doing as far as a “model” parenting plan, you can see a good example here…http://www.sbotfam.org/plan.html. Having children and lots of marital property almost always lengthens the time a divorce will take.
If you and your husband agree you can no longer live together peacefully, or have religious reason to oppose divorce, it may be necessary for you to begin the process through a separation. Unlike almost every other state, however, Texas does not have a legal separation process. Unlike divorce, separation is usually a temporary way to approach having separate lives. The advantage of separation is to begin the process, and settle some issues before going into a divorce. The better option, however, is to protect your rights through filing divorce, and to use what’s called “ADR,” or alterative dispute resolution. When you file with the District Court, or if you are working with a lawyer, ask about ADR.
Texas Has A “Simplified” Divorce Process
Recognizing there are times when no fault applies, and no children or marital property involved, Texas has a simplified divorce process. But as mentioned, be careful to get a full accounting of your husband’s assets. It’s not uncommon for one person to have tried to conceal extra money or assets in planning for a divorce. If you don’t have a job and need to count on your husband for alimony, here’s information to help you plan financially: http://www.alimonyformula.com/.
Affordable Legal Services
Based on where you live and how much you make, you might be able to get entirely free legal services, from counseling to the actual decree of divorce. Here’s a guide for those who want to file by themselves as Pro Se (without a lawyer) place to start: http://www. trla.org/.
There are now many affordable family law programs that help people go through the divorce process, and to help when “cost” is the only thing keeping you from going ahead with such an important legal process. In Texas, filing fees for a simple divorce are about $300. In looking at the low-cost options for first-class legal services, never be willing to give up important rights (such as alimony or claim to property acquired during the marriage) just to get the process done. The good news is that a divorce may actually be granted at 60 days after the divorce petition is filed.
If you can’t afford the filing fee, you can even ask to have the filing fee waived. Go to the district court and ask for an affidavit form to state you cannot afford the total cost of filing. http://www.hcdistrictclerk.com/Common/Civil/pdf/Fee_Schedule_Civil _and_Family.pdf.
If there’s any worry about spousal abuse in this process, you can get help by calling 1 (800) 799-SAFE (1-800-799-7233) or by seeking some advice from an area domestic abuse shelter: http://www.hhsc.state.tx.us/Help/family-violence/centers.shtml.
How To Plan For Divorce
Three of the biggest issues have to do with what your marriage has produced: (1) are there children? (2) Is there much property involved? (3) Are you two co-operating in the divorce?
Many couples go to a counselor, not necessarily to stay together, but to plan how to separate in the best way possible. If there are children, then the court will involve a mediator so the issues of “co-parenting” can be discussed in a less formal (but just as legally important) way. To see what Texas judges have been doing as far as a “model” parenting plan, you can see a good example here…http://www.sbotfam.org/plan.html. Having children and lots of marital property almost always lengthens the time a divorce will take.
If you and your husband agree you can no longer live together peacefully, or have religious reason to oppose divorce, it may be necessary for you to begin the process through a separation. Unlike almost every other state, however, Texas does not have a legal separation process. Unlike divorce, separation is usually a temporary way to approach having separate lives. The advantage of separation is to begin the process, and settle some issues before going into a divorce. The better option, however, is to protect your rights through filing divorce, and to use what’s called “ADR,” or alterative dispute resolution. When you file with the District Court, or if you are working with a lawyer, ask about ADR.
Texas Has A “Simplified” Divorce Process
Recognizing there are times when no fault applies, and no children or marital property involved, Texas has a simplified divorce process. But as mentioned, be careful to get a full accounting of your husband’s assets. It’s not uncommon for one person to have tried to conceal extra money or assets in planning for a divorce. If you don’t have a job and need to count on your husband for alimony, here’s information to help you plan financially: http://www.alimonyformula.com/.
Affordable Legal Services
Based on where you live and how much you make, you might be able to get entirely free legal services, from counseling to the actual decree of divorce. Here’s a guide for those who want to file by themselves as Pro Se (without a lawyer) place to start: http://www. trla.org/.