Texas
DIVORCE
DOCUMENTS HOME
The following laws are explained very briefly to provide a basic
understanding. If further knowledge is wished to be gained please make use of
your local library, and seek the assistance of an attorney. This section is
reviewed regularly, but due to the changing of laws some material may be
outdated.
Required Residency to File: 6 months
Where to File: The county in which either spouse resides.
Grounds for Absolute Divorce:
Adultery
Felony Conviction or Imprisonment
Impotence
Insanity
Mental and or Physical Cruelty
Grounds for "No-Fault" Divorce:
Irreconcilable Differences or Irretrievable Breakdown
Living Separate and Apart
Time before ex-spouses may remarry: Petitioner ( 30 days ) Respondent (
30 days )
Voluntary or required Mediation: ( yes )
Voluntary or recommended Counseling: ( yes )
The Distribution of Property:
Texas is a community property state. Separate property is retained by the owner,
and all other community property in the marriage is distributed equitably,
unless it seems unjust.
Spousal Support:
Temporary support is an option, but no support is mandatory after divorce is
settled.
Child Custody:
Custody is awarded with the best interests of the child or children in mind. The
following factors are generally considered: the age and sex of child, the wishes
of the parents, the child's ability to adapt to a new environment, the mental
and physical health of the parents and child, the relationship each parent has
with the child, and the respect each parent has for the child's relationship
with the other parent.
Uniform Child Custody Act: 1983
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES
Child Support:
Either or both parents may be required to provide the support of maintenance,
insurance, and education of the child. There are specific guidelines to be
followed, unless when proven to be unjust. The following factors are generally
considered: a child's need for contact with both parents, the joint
responsibilities for the welfare of the child, the financial resources, debts
and obligations of the parents, cost of day care, and the standard of living the
child would have otherwise enjoyed had not the divorce taken place.
THIS DIVORCE PACKET MAY NOT BE FOR YOU
People who sue for divorce are often represented by an attorney. This packet is
designed so that you may be able to represent yourself and complete your divorce
without an attorney. This packet is intended for use by a person whose spouse
will not contest the divorce ("uncontested divorce") and where there
are no disagreements over any divorce-related issues and no complicated
financial issues.
You may sue for divorce in anticipation that the proceeding will be
uncontested, but discover later that your spouse has decided to fight the case.
If this occurs, you may wish to consult an attorney, or you may proceed on your
own without an attorney. Many of the forms in the packet apply only to cases
where your spouse either consents to a divorce, or where your spouse does not
appear to oppose the divorce.
If you decide to use this packet and to represent yourself, you will not have
the benefit of an attorney's expertise and advice concerning issues related to
divorce proceedings, including, for example, division of marital property,
liability for joint debts, child custody and support, spousal maintenance,
insurance benefits, and orders of protection. You should be aware that in
representing yourself, you may risk losing certain rights stemming from the
marital relationship that are not readily apparent to a person that is not an
attorney. For example, if your spouse is entitled to a pension at his or her job
and if you do not seek your share of it in your divorce proceeding, you may lose
your right to claim a share of it in the future.
In addition, if you do not know where your spouse is and you are unable to
have the divorce summons served upon him or her personally, you may need the
services of an attorney.
If you decide you need an attorney and you do not know of one, you should
contact your local bar association for a referral to a matrimonial attorney. If
you meet certain financial and other eligibility requirements, you may be able
to obtain advice or representation from your local legal aid organization.
Document Example
To prepare your documents, you would simply edit the information as it
applies to you.
| IN RE THE MARRIAGE OF: |
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Case No. ____________________ |
| JANE DOE, |
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| Petitioner, |
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| and |
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PETITION FOR DISSOLUTION OF MARRIAGE |
| JOHN DOE, |
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| Respondent. |
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COMES NOW the Petitioner, JANE DOE, and respectfully petitions and shows
this Court as follows:
I. The vital
statistics concerning the parties are as follows:
A. PETITIONER:
- Age: 28
- Occupation: Clerk
- Petitioner now resides at 123 Main Street, Douglas, Alaska 54321,
County of Juneau. Petitioner has been a resident of the State of
Alaska since April 8, 1968.
B. RESPONDENT:
- Age: 32
- Occupation: Vice President, 7-11 Convenience Stores
- Respondent now resides at 456 Corner Drive, Douglas, Alaska 54321,
County of Juneau. Respondent has been a resident of the State of
Alaska since December 2, 1978.
II. The Social
Security Numbers of the parties are as follows:
Petitioner:
555-23-9178
Respondent:
875-12-3354.
III. { CHOOSE ONE OF
THE FOLLOWING }
A. At least one
of the parties has had actual residence in this state with a bona fide
intention of making this state his or her permanent home for at least
one year prior to the filing of this petition.
B. The Petitioner
is serving in the United States Armed Forces and has been continuously
stationed at a military base or installation in this state for one year.
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Document Kit Contents
Your document kit will include:
- Instructions for completion of your documents
- Petition for Dissolution of Marriage
- Sample Marital Settlement Agreement
- Financial Affidavit of Petitioner
- Financial Affidavit of Respondent
- Answer and Waiver of Hearing
- Verification
- Affidavit of Non Military Service
- Affidavit of Corroborating Witness
- Decree of Divorce
- Sample Proposed Property Settlement
- Summons
- Notice of Hearing
- Affidavit of Service
- Affidavit of Diligent Search for Service by Publication
If children are involved:
- Affidavit of Uniform Child Custody Jurisdiction Act
- Sample Parenting Plan
Important Disclaimer:
Our Self-Help Products are designed to provide authoritative and
accurate information in regard to the subject matter covered. However,
neither this nor any other publication can take the place of an attorney
on important legal matters.
Information in this kit has been carefully compiled from sources
believed to be reliable, but the accuracy of the information is not
guaranteed, as laws and regulations may change or be subject to
differing interpretations.
This is a self-help legal product and is intended to be used by the
consumer for his or her own benefit. Use of this kit to benefit a second
party may be considered in many states as the unauthorized practice of
law.
As with any legal matter, you should consult with an attorney if you
are unsure about proceeding, your case is of a complicated nature or to
obtain legal advice.
It is understood that by using this kit, you are acting as your own
attorney. Accordingly, the publisher, author, distributor and retailer
shall have neither liability nor responsibility to any party for any
loss or damage caused or alleged to be caused by use of the kits. These
kits are sold with the understanding that the publisher, author,
distributor and retailer are not engaged in offering legal services.
Should legal services or other assistance be required, the services of a
competent legal professional should be contacted in your area.
Purchase of this kit constitutes acceptance of these terms.
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