Legal Question in Family Law in Texas

Amicable divorce?

I have a couple of questions regarding divorce. My husband and I have agreed to end our marriage. We own nothing together and don't even have joint accounts. We do have a daughter and we both have agreed that I have full custody. I do not wish to file for child support and we have agreed to visitation every two weekends. My question is, can we take what we have agreed upon to a lawyer and get divorced 'smoothly'? Do we even need lawyers if we agree on what to do? If we don't, what steps need to be taken to start the process?


Asked on 11/12/03, 8:33 pm

2 Answers from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: Amicable divorce?

The lawyer will only represent one of you, but this is very common and normally the easiest and least expensive manner of handling a divorce. A lawyer should be employed to file the divorce, document the agreement and have proper orders for the minor child. You should contact a lawyer practicing family law in the county (and probably neighborhood) where you live and make an appointment.

http://www.reasonable-doubt.com

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Answered on 11/13/03, 9:42 am
Fran Brochstein Attorney & Mediator

Re: Amicable divorce?

In Harris County, the Judges will require your husband to pay child support. It will be 20% of his net income as net income is defined by the State of Texas.

Also, the court will order one of you to carry the child on your health insurance.

If there is nothing to fight about, the cost should be reasonable. We handle many cases where the legal fees are between $1,500 - $2,000. However, we don't guarantee that your divorce will be in that range since every divorce is unique.

My office charges a deposit of $800 to file an uncontested divorce (including filing fee and service fee) then a weekly payment of $125/week. We don't flat rate cases. We do refund any unused money at the end of the case.

We can only represent one of you. However, with the client's permission, we often meet with the other spouse and explain what they are signing.

I'm out sick but would be glad to refer you to one of the other attorneys in the office. All we do is family law.

You really need an attorney to walk you through this process since you don't understand legal terms as defined by Texas law. You will both be joint managing conservators with you to determine her residence. (If you are totally confused by this sentence -- you really need an attorney!)

We are located by Astroworld.

Good luck!

Fran Brochstein

713-837-6000

www.familylaw4u.com

Be sure to mention that I responded to your email off lawguru.com!

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Answered on 11/13/03, 1:06 pm


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