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Is it advisable to pursue a non-contested, no-property, no-children divorce by utilizing the downloadable documents available?

Garland, TX |

My ex girlfriend and I filed our federal taxes together for three years which in Texas constitutes a common law marriage We are not together any more and both wish to obtain a "divorce". There is no property or any children involved.

Attorney Answers 3


  1. If you truly have zero property together and no children born or expected, give it a try. You may want to get a lawyer to review the documents you prepare. Make sure you file in the correct county. Don't execute the waiver until after the divorce suit is filed. Wait 60 days to get the divorce.

    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.


  2. There is more to a common law marriage in Texas than just filing joint federal income tax returns. A court will look to whether you lived together for a period of time, if you held yourselves out to others as a married couple, and whether you had joint bank accounts and other property together. Don't just assume you have to file a divorce because you filed joint taxes.

    Most attorneys provide for a free initial consultation. I highly recommend you meet with an experienced family law attorney who can help you determine if a divorce suit is even necessary. If so, that attorney can help walk you through the process and better understand what your legal needs are. It's no cost to you, so why not give it a shot?

    I wish you the best of luck.


  3. Downloadable documents? No. You're still going to have to draft and file your own petition which will allege different things than a form one. Depending on the situation, you're also going to have to either get a waiver of citation/entry of appearance or both show up. In addition, there may be tax issues with debts you've taken on.

    I'd strongly recommend sitting down with a local attorney. With some luck, you'll get out of there for under $1,000 including filing fee.

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