I'm getting a divorce from my wife. I already had the petition for divorce form drafted. I just have to go file it in court. The only thing is, as you already may know and as I just found out, the filing fee in Harris County is pretty high, especially when you don't have that kind of money just lying around. Is there any other way to submit a petition for divorce WITHOUT having to go to court or even filing it?
NO you cannot get a divorce without filing a petition, serving the other party or the other party's doing a waiver of service, and then going to court on an agreed divorce or contested divorce AFTER mediation in Harris County. You should consult some family law counsel, inquire into Legal Aid, check out Supreme Court's pro se website Texas.Law.Helps, but try to get legal help. You can file on an affidavit of indigency to waive costs if you can show you meet the indigency criteria to have costs waived.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
There is no divorce without the court.
If your household income is at or near the federal poverty level, you may qualify for a waiver of fees. Use an Affidavit of Inability to Pay Costs. If you own a home or have a retirement account, you will probably not qualify.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
The answers above are right on the money. No, you don't have to go to Court, but if you do not, you cannot dissolve your marriage. If you want a divorce, or want to marry again, you first must divorce your present wife. The only way to do that is to file a petition with the Court for divorce, AND go through the process of obtaining a signed order of divorce. Good luck.
There is no legal relationship created or implied by the exchange of messages or information on this website. All statements by me are offered as general guidance, but should not be considered in any way to be legal advice for you to act on without consultation with a licensed lawyer in your state. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information and guidance offered on this site. Legal advice is ONLY offered by me in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
And no there is not a cheap way to get a legal divorce that will be recognized in the future and protect your future estate. You have to file the filing fee or apply to have it waived. You have to go through the process. Remember that cost is no indicator of value. Many of my clients spend as much as 1/2 of my fees trying to do it themselves before they ever meet me. Choose wisely.
Aloha! I'm A lawyer, but I'm not YOUR lawyer unless and until we've both signed a written Representation Agreement. I would be happy to speak with you about becoming your lawyer, but until then, my answers are for information purposes ONLY and do not create an attorney-client relationship or privilege. Mahalo (Thank you). "Believe it or not, your lawyer is NOT the one making your life complicated."
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