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How much is it to file for divorce? Can I file without a lawyer?

Dallas, TX |

My income is very low. I have to children and I want to keep custody.

Attorney Answers 3


You should check with the District Clerk about filing a pauper's affidavit to avoid the clerk's filing fees. You should also check with the Dallas County Bar Association about a pro bono attorney and look online for other legal aid resources there.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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You can file for divorce without a lawyer, but you should at least consult with one first to make sure that is what you want to do.

If you decide to file by yourself, you will need to go to the clerk's office and law library (same building) to pick up the right forms. You need (1) an Original Petition for Divorce, (2) Affidavit of Indigency, (3) Standing Orders (to attached to Petition), and (4) Civil Cover Information Sheet.

There are specific requirements to get the case started and make sure it goes through. For example, you need to properly serve your spouse. These are things that you can ask about in the initial consultation. Many lawyers do this for free, or have websites that offer help. Good luck.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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You may be able to get your husband to "waive" being served. If so, you'll be able to find a Waiver of Service in the law library. You may be able to find a form there or online called Final Decree of Divorce. It will prompt a lot of questions that you and your husband may be able to discuss and possibly make some agreements regarding. If he won't discuss these points and/or you can't agree, then at least you'll know some of the issues you'll need to address with the court. Best of luck to you and yours...

Legal disclaimer: Ms. Wood’s response to the question above is not legal advice and it does not create an attorney-client relationship. All responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, provided for general information purposes, to the public -- not any specific individual. Ms. Wood is licensed to practice law in Texas.

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