STATE SPECIFIC DIVORCE: $149!
STATE SPECIFIC DIVORCE: $149!Every Citizen's right to know and use the law - without hiring a lawyer - is fundamental to American Democracy. New York divorce forms and divorce law , like any other information, can be broken down and organized into small, easily understandable sections and bits. The 'bits' can then be put together to complete a larger task. Making the process easier is our commitment to the public.
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The modern day divorce is usually little more than a simple clerical matter . By the time you have made the decision to get a divorce, the marriage has ended, and all that remains is to take care of the legal ties.
Ending the legal ties often includes dividing up any property from the marriage or just identifying the separate property of the parties.
If there are children of the parties, typically custody, child support, and visitation, will be set out in the divorce paperwork making it easier on every one involved - including the children.
Clearly spelling out who is to do what, when, and under what terms and conditions, eases the normal stress of a divorce, leaving less to be 'argued' over.
Child support is calculated based on the TexasState Guidelinesfor determining child support, eliminating what might otherwise be the biggest 'problem area' between divorcing parents. Unless the parents reach an agreement about the amount of child support to be paid, the TexasState Child Support Guidelines are presumed to produce an amount of support that is fair and equitable to the parents and more importantly, in the best interest of the children. (
).It is now the policy of virtually all states to encourage joint legal custody of children whenever practical . Joint legal custody does not necessarily mean a 50:50 time sharing of the children, although some parents are very creative in working out a parenting plan doing just that, or at least close to it. Joint legal custody also does not mean that there won't be any child support ordered. Joint legal custody is in reality is more a 50:50 sharing of the responsibility for decision makingabout the things that affect the lives of the children.
In the most 'common' joint custody plan, 1 parent has primary physical possession, and thenon-custodial parent has the standard visitationof basically every other weekend, alternating holidays, and an extended period in the summer, and pays child support based on the State Child Support Guidelines. In the real world, joint legal custody is typically a parenting plan that keeps both parents actively involved in all of the major decisions impacting the child and gives the non-custodial parent a greater role in the lives of their children. View Standard Visitation Schedule.
The majority of divorces are granted by agreement of both spouses.That means that for the majority of spouses, they have reached an agreement about how they want the affairs of their divorce settled and rather than needing or wanting someone to 'tell' them what they 'ought' to do; what they really want is someone to simply do the paperwork - according to the way they have decided to settle their divorce, and give them the procedural information they need to process their divorce without hiring a lawyer. That is exactly what we do.You make the decisions - We Do the Paperwork ; and provide the procedural information to 'walk' you through the process from filing the initial paperwork to walking out of the courthouse a newly divorced single person.
Everyone knows that you can represent yourself in a murder trial , we hear about it almost daily on the news, but few people realize that there is no law in any state requiring you to hire a lawyer; you are not required to hire a lawyer to handle any legal matter for you - including your divorce.
The following sections detail the various aspects of divorce, custody, support, visitation, and property division settling the affairs of the marriage.
One of the spouses must have been a resident of Texas for at least 6 months immediately before filing for divorce.
As long as one of the spouses has met the residency requirement for filing a divorce in Texas, either spouse may file in Texas.
What are the grounds for divorce in Texas?
Any of the following 13 grounds may be used for divorce in Texas, although No-fault irretrievably broken marriage is by far the overwhelming grounds used for divorce:
Where is a divorce filed in Texas?
If the 'defendant' (the non-filing spouse) still lives in Texas, divorce is filed in the Defendant's county. If the defendant spouse does not live in Texas, and has not been living in another state for more than a year, a divorce may be filed in the Texascounty where the couple lived as husband and wife.
How long does it take to get a divorce in Texas?
Texashas a 30 day waiting period from the date the respondent spouse is officially 'served' the divorce papers, or the date the respondent signs an acknowledgment of service avoiding the requirement of formal service.
What is "Service" for purposes of a divorce in Texas?
Unless the respondent spouse signs an acknowledgment of service, (agreed divorce), he or she is entitled to legal 'service' i.e. notice that a divorce has been filed. Personal service may be by either a Sheriff or other person appointed by the court to make legal service. The Sheriff or process server actually hands the divorce papers to the respondent and completes a return of service stating that they did in fact personally deliver the divorce papers to the respondent. The Return of Service is then filed with the clerk as proof that the respondent was duly served. The respondent is not required to sign anything when they are served with divorce papers. They are entitled to notice. They are not required to sign anything or give their consent to a divorce. (See the section below for service of a 'missing' spouse).
Can a divorce be granted if the respondent's whereabouts are unknown?
If the filing spouse has made a 'good faith effort' to locate the missing spouse, and can swear under oath and penalty of perjury that they do not know the current whereabouts of the respondent and have made an effort to locate them, the missing respondent can be 'served' by publication of a notice in a local newspaper.
What are the fees filing for divorce in Texas?
Each county in Texassets its own fees for filing legal documents. The filing fee for divorce is generally in the range of $65. If service is made to the respondent by a sheriff or process server, there is an additional fee for service of approximately $25. You can call the clerk at the courthouse and find out the exact fees for that county.
How is property divided in a divorce in Texas?
Texasis an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brough into the marriage i.e. that a person had before the marriage are not subject to division in a divorce.
How are marital debts divided in a divorce in Texas?
Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
Does Texas have Alimony?
Yes. Alimony may be awarded to either spouse for their support and maintenance after the divorce. It is based on the financial circumstances of the divorcing spouses. The needs of one spouse and the ability of the other spouse to pay are the primary factors in determining alimony. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. Alimony may be paid in a lump sum payment of money or the award of some property.
Adultery as the cause of the parties' separation defeats a claim for alimony in Texas. Other mitigating factors such as the ability to earn, high marital debts to be paid etc. may serve to make alimony unrealistic.
| View Standard Visitation Schedule |
Are there guidelines for custody of children in Texas?
Most parents agree about the custody, child support, and visitation issues relating to their children. Joint custody arrangements have become common place and in some states the "norm" in determining the care, custody and support of children. If the parents are unable to 'work it out', a judge will ultimately decide these issues for the parents. Children who are at least 14 years of age may choose to live with a parent provided the parent is not considered 'unfit' to care for the child. (See the section on Children below for detailed information on custody, support and visitation).
How is Child Support determined in Texas divorce froms?
Texas, like all other states, has guidelines for determining the amount of child support to be paid. The guideline amount is persumed to arrive at an amount of support that is in the child's best interest. If the parents are unable to agree to an amount of child support, the court will determine the amount of support based on the Child Support Guidelines. (See the section below on Child Support for a copy of the guidelines).
What about medical insurance for the children?
A determination as to who is going to provide medical health care insurance for the children and how any uninsured medical expenses shall be paid between the parties is typically part of the parties' marital settlement agreement during the divorce process. If medical insurance is available through a parent's employment, they are required to cover their children through the plan.
How permanent are the provisions for child custody and support?
As in any other state, orders providing for the support and custody of children is subject to modification after the divorce if their is a substantial change in the circumstances of the parties i.e. an increase or decrease in income or a change in the living arrangements of the children.
running a notice
in a local newspaper.
Filing
Fees
| View Standard Visitation Schedule |
CHILD
SUPPORT
Joint
Custody
Most states are now 'urging' parents to work together for
the benefit of the children and reach a 'joint custody'
agreement. Joint custody is seldom a 50:50 time sharing of
children. It is more accurately a 50:50 sharing of responsibility
and participating in the decision making process in matters that
affect the children. Generally, one parent is named as the
'primary' joint custodian and the other parent is granted
visitation "at all times mutually agreed" and failing agreement,
under the terms of the state's standard visitation policy. The
primary joint custodian typically retains the decision making
authority to determine the child's primary residence and school;
and to designate such things as the child's primary
physician.
About The
National Divorce & Bankruptcy Center
Your
*completed paperwork will be return mailed to you ready to be filed within 48
hours
of receipt of the work sheet order form and
$149 document processing fee, (most within 24 hours), along with
procedural information to 'guide' you through the process from filing your
initial
documents to walking out of the courthouse a newly divorced person.
*(any ommissions in your form submission will
result in blank spaces to be completed by the customer prior to
filing)
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