Free Divorce Advice Texas
Summary
Texas is a no-fault divorce state, meaning you dont need to prove wrongdoing to get a divorce. An uncontested divorce can be achieved if both parties agree on all matters, but a judge must still sign the final decree. If you wish to remarry your spouse after a finalized divorce, you will need a new marriage license. The process for an uncontested divorce typically takes about 60 days from filing. You can express a desire for reconciliation and propose marriage counseling, but the court will likely grant the divorce if your spouse wishes to proceed. For joint custody matters, consult a family law attorney. Many attorneys in Houston offer an initial free consultation.Full Conversation
Houston, TX
Absolutely, here's some general information based on Texas law:
- Texas is a "no-fault" divorce state, meaning you don't have to prove your spouse did something wrong to get a divorce.
- You must wait 60 days after filing to finalize a divorce, but simple cases can be completed in a few months.
- Property is usually divided equitably, but not always equally.
- Texas courts prefer joint custody arrangements for children.
- Texas is a "no-fault" divorce state, meaning you don't have to prove your spouse did something wrong to get a divorce.
- You must wait 60 days after filing to finalize a divorce, but simple cases can be completed in a few months.
- Property is usually divided equitably, but not always equally.
- Texas courts prefer joint custody arrangements for children.
Does it have to go to court?
In Texas, if you and your spouse can agree on all matters, an "uncontested divorce" can be achieved. However, a judge will still need to sign the final divorce decree. In complex cases, a court hearing may be necessary.
What if divorce is finalized and you decide you want to remarry your spouse?
In Texas, if your divorce has been finalized and you decide to remarry your spouse, you can do so. There is no waiting period for remarriage if you are remarrying the same person.
So would we need new marriage license
Yes, if you decide to remarry your spouse after divorce in Texas, you will need to obtain a new marriage license.
Overall how long is the process if it's uncontested
In Texas, the process for an uncontested divorce typically takes about 60 days from the date the petition is filed. However, this can vary depending on the court's schedule.
What's a petition
A petition in the context of divorce is a legal document that one spouse files to initiate the divorce process. It outlines the reasons for divorce and may detail how the petitioner would like to handle matters like division of property, child custody, and spousal support.
What would the reasons need to be if texas is "no-fault"
In Texas, being a "no-fault" state, you do not need to provide a specific reason for the divorce. You can simply state that the marriage has become "insupportable due to discord or conflict of personalities".
Which means?
"Insupportable due to discord or conflict of personalities" means that the marriage has become unbearable or impossible to continue because of disagreements or differences in personality, and there's no reasonable expectation of reconciliation. This is sufficient grounds for divorce in Texas.
Can I not sign because I believe there's still a relationship to be had?
In Texas, if one spouse wants a divorce and the other doesn't, the divorce can still proceed. Your refusal to sign won't stop the process. However, you can state your desire for reconciliation during your response to the divorce petition.
So, will it still be uncontested if i dont sign? And I can put that I'd like reconciliation in the petition? Does that mean we can't proceed?
In Texas, a divorce can still be uncontested even if you don't sign, as long as there's no dispute over property, children, or other issues. You can state your desire for reconciliation in your response. This doesn't necessarily stop the process, but the court may consider it.
Can I put I'd desire reconciliation and would like to go to Marriage counseling?
Yes, you can express your desire for reconciliation and propose marriage counseling in your response to the divorce petition. However, this doesn't automatically halt the divorce process. The court may consider it, but ultimately, the decision is up to your spouse.
So it's up to spouse to moe forward or not? When would court intervene?
In Texas, the court would intervene if there were disputes over matters like division of property, child custody, etc. Even if you desire reconciliation, if your spouse moves forward with the divorce, the court will likely grant it.
Who's recommended to talk to if she is wanting, I'm having to comply to make sure I have joint custody? I know that's uncontested, but I probably need to ask questions?
In Texas, it's recommended to speak with a family law attorney for guidance on joint custody matters. They can help ensure your rights are protected and you're making informed decisions. Also, consider discussing with a mediator for an uncontested divorce.
Are there free services for that
Yes, there are free or low-cost legal services in Houston, TX, that can help with this. Here are a couple you could consider:
*. Houston Volunteer Lawyers: They provide free legal services for low-income individuals.
Website: www.makejusticehappen.org
*. Lone Star Legal Aid: They offer free civil legal assistance to low-income individuals and families.
Website: www.lonestarlegal.org
*. Houston Volunteer Lawyers: They provide free legal services for low-income individuals.
Website: www.makejusticehappen.org
*. Lone Star Legal Aid: They offer free civil legal assistance to low-income individuals and families.
Website: www.lonestarlegal.org
I make over 70k, so i wouldn't qualify for low-income
In that case, you might consider services like legal clinics or lawyer referral services that charge based on a sliding scale. Would you like information on those types of services in Houston, TX?
Sure. What about free consultation
In Houston, TX, many family law attorneys offer an initial free consultation. This can help you understand your situation better. It's always best to call and ask about their consultation fees. The Houston Bar Association's Lawyer Referral Service might also be helpful.
Thanks
You're welcome! If you have any other questions, feel free to ask. Good luck with your situation.