Texas - Divorce Kits
| Texas Requirements |
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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 This section is reviewed regularly, but due to the changing of laws some material may be outdated.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.
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 |
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To prepare your documents, you would simply edit the information as it applies to you.
Petitioner:
555-23-9178 III. { CHOOSE ONE OF
THE FOLLOWING } |
| Document Kit Contents |
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Your document kit will include:
Important Disclaimer: 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. In addition, some counties or states may require use of
additional documents not found in this kit. If this is the case, please
contact us We will attempt to locate the additional forms for you at no cost. Purchase of this kit constitutes acceptance of these terms. |
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| Product ID: D-TX-0 Product Name: Texas Divorce Kit - Without Children COST:$19.95 + Shipping & Handling |
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| Product ID: D-TX-WC Product Name: Texas Divorce Kit - With Children COST:$22.95 + Shipping & Handling |
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