A friend that has heard great things about this site asked me to post this question. She is at the end of her marriage with her husband and they've both agreed to an uncontested divorce. What is the simplest and most cost effective way to divorce in Texas? How is the paperwork obtained and filed? In the event that an attorney is warranted, one will be sought. Thanks in advance for your advice.
There are forms available on the internet for use in Texas divorces. Generally speaking, one spouse files the petition in the county where one or both have lived 90 days, assuming at least one of them has lived in Texas for 6 months. The other party should either be served with process by a process server or file a waive of citation. A decree of divorce needs to be prepared, signed by both parties and presented to the court not less than 60 days after the divorce suit was filed.
If there is any property, including retirement plans and/or minor children, tell your friends to use a lawyer.
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.
If there are children or if they own anything, at least one of them should hire a lawyer.
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.
Texaslawhelp.org is probably the best place to get forms. They explain the process.
Having said that, if your friend has kids, real estate, retirement accounts, significant debts, or other issues, an attorney is definitely worthwhile.
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I agree with the other answers to your question. Also, You might see if you can find an attorney who does agreed divorces and/or Pro Se assist. If you are doing pro se assist you could hire an attorney anywhere in the state for a limited scope engagement. If you represent yourself but just hire an attorney for some advice and drafting, location is not a factor. If you are hiring an attorney to represent one of you then you likely will need someone from your area.
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