With the current economic crunch, more and more Texans are looking inwards to solve problems they might otherwise have hired a lawyer to answer. While representing yourself in many legal quandaries can be perilous, there are some worries that can be wrapped up without a law degree.
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Step 1
Make sure that you and your spouse agree that neither of you will hire a lawyer (because self-representation is EXTREMELY difficult if there is a lawyer on the other side; the judges will hold you to the standards they hold lawyers) and that the two of you can agree how to split up your property and care for your children. There are lots of legal form sites on the web; look for forms written by lawyers (we recommend www.uslegalforms.com). Sit down with your spouse,write down your assets and liabilities and decide how to pay for your divorce. Some lawyers will review your work before you file it, and that's generally a good investment, since cleaning up mistakes later will cost more than spending time on legal review now. Texas counties require that you pay filing fees for your divorce; these are generally available on the county websites. Some of the counties even have electronic filing. Once your petition is filed, you can be divorced in 60 days.
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Step 2
Once you filed the Original Petition, your spouse has to be "served" with that document. You should find a Waiver of Citation in your form package, but, as with all legal forms, you must be very careful with the forms to be sure that they are correct. Some of the Waivers state, for example, that the person signing it gives up all rights. And if you and your spouse are working together in a friendly manner, you certainly do not want to present a paper like that to your spouse. Once you find the right Waiver, then your spouse must sign it. That Waiver has to be filed at the district clerk's office. And then your spouse files an Answer, which basically protects him/her from a default (in other words, your spouse files this so you can't take everything and obligate your spouse more than he/she has agreed to be obligated).
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Step 3
After the Answer is filed, the two of you are ready for your Decree of Divorce. Again, make sure you've bought the right Texas package (www.uslegalforms.com), then find the divorce decree and work through it together. Make sure that you think about retirement and child support and, again, going to a lawyer for interim law coaching may be the key to a success document to be filed in the courthouse. You'll need to think about school loans, credit card debt and how to split up any equity in your house. If you can't agree, many counties have dispute resolution centers, or you might find a mediation service on the Web. When the Decree is written and you've both signed it, one of you needs to present it to a judge for approval. If you have children, most counties will require that you both take a parenting course to help your children through your divorce. Locate your courthouse and call the information desk for details about when you can present your decree to a judge.
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