Skip to main content
Jake Bailey McDonald

Jake McDonald’s Answers

6 total

  • How can I file for divorce with low income?

    Jake’s Answer

    It sounds like you a seeking an "uncontested divorce." Many law firms like mine offer affordable, flat-rate packages for uncontested divorces.

    I also agree with my colleague above that texaslawhelp.org is a great resource for pro se individuals.

    See question 
  • How to file for a divorce?

    Jake’s Answer

    You are not required to hire an attorney in order to obtain a divorce; however, it is recommended to hire an attorney to ensure that the divorce procedure is done correctly. Because your case does not involve children or significant property issues, you should be able to find an attorney to take your case a reasonable rate within your budget. if you and your spouse are willing to agree on the major issues of the divorce, your divorce can be considered "uncontested." Law firms like mine offer discounted flat-rate packages for uncontested divorces. An uncontested divorce can be finalized in 60 days.

    Either you or your spouse must continuously reside in Texas for the six months immediately prior to your filing for divorce.
    Step 2

    Obtain a Petition of Divorce form from the county court clerk in the Texas county district court where you are a resident. Fill out the form. You are required to provide contact details for yourself and your spouse, information about your finances, debts and property, proposed settlement arrangements, and reasons for requesting a divorce.
    Step 3

    Sign the petition and take it to the clerk's office in the county district courthouse. You will need two copies of the form. Pay the filing fee. The clerk will assign your case a file number and stamp your petition as received.
    Step 4

    Deliver a copy of the petition to your spouse. This can be done by the county sheriffs office or by a private server. The clerk in the county district court can provide you with contact information for the sheriffs process server department and a list of private process servers. Alternately, you can obtain a Waiver of Citation form from the clerk. You can then mail this form, along with the petition, to your spouse. You spouse must sign the waiver to show the court that he is agreeing not to be served the petition by a representative of the court.
    Step 5

    File proof of service with the county clerk. This consists either of the signed waiver or a document provided by the sheriff or private process server. The clerk will set a date for your court hearing. This cannot take place until a 60 day “cooling off” period has passed.
    Step 6

    Use the 60 day waiting period to finalize the settlement agreement with your spouse. Prepare the final divorce decree. This document details all of the settlement arrangements, such as custody agreement, support payments and division of property. A copy of the final decree form can be obtained from the county clerk's office.
    Step 7

    Attend your divorce hearing with your spouse. The judge will review your paperwork and may ask you some questions to make sure you and your spouse agree on all aspects of the divorce. At the end of the hearing, the judge will sign your final decree.
    Step 8

    Take the signed final decree to the clerk of the court. The clerk will file the decree. Ask the clerk for two certified copies of the decree. There will be a fee for this service. The fee varies from county to county. Mail or give one certified copy of the decree to your spouse and keep the other for yourself.

    See question 
  • Can I close our LLC by myself without worries? A business contract 60/40 split on liscensing is the only thing in writing

    Jake’s Answer

    In the absence of an operating agreement with a clear exit strategy, you will need to follow the rules listed in the Texas Business Organizations Code ("BOC"). The BOC allows for dissolution of an LLC upon a majority vote of all of the LLC members. In your case, if you do own 60% of a two-member LLC, your vote would carry a majority. This assumption is based on your representation that there is no written agreement on voting rights in your company. If you initiate the winding-up process by majority member vote, make sure to record the decision in the official minutes or on a written consent form. When you have completed winding up your LLC, you will need to follow the procedures for terminating your LLC. Namely, you will need to obtain a certificate of account status (Form #05-305) from the Comptroller of Public Accounts (“CPA”) indicating that all necessary taxes have been paid and your LLC is in good standing for the purpose of termination. This process usually takes a couple of weeks. Finally, you will need to file a certificate of termination.

    See question 
  • Joint mortgage/vehicle loan

    Jake’s Answer

    If you are able to refinance the home and car in your wife's name, you should do this before filing for divorce. Financial planning is important if you and your wife are considering a divorce. Make sure that you and your wife identify your marital assets, develop a post-divorce budget and understand the financial impact of any proposed division of marital assets. If you need assistance, it is recommended to contact a Certified Divorce Financial Analyst (CDFA) in your area.

    See question 
  • Does he still have time to file a waiver?

    Jake’s Answer

    • Selected as best answer

    You are correct that he technically has not been served. A waiver of service can be filed at any point at least one day after the petition is filed. I would recommend that you follow up with your spouse and ask him to sign/notarize the waiver. Then, ask him to send it to you so that you can file it with the court (since you are already familiar with the filing process).

    See question 
  • Do I need an attorney for my divorce? We have no real property, no kids and it will be uncontested.

    Jake’s Answer

    You are not required to be represented by an attorney in order to obtain a divorce. www.texaslawhelp.org offers free legal forms and instructions for individuals who wish to file for divorce. Though this can be a helpful tool for saving money, I always recommend having an attorney review your documents before you file them. Many attorneys will offer low rates for this type of service.

    See question