Legal Question in Family Law in Texas

Completing divorce on my own.

The Petition for divorce has been filed, as well as the affidavit of status and statement of paternity. How do I complete this on my own and get it to court?

I even have the case #.


Asked on 3/30/01, 1:40 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Completing divorce on my own.

Your question is factually incomplete. I'll try to answer your question but you have not included the details I need to give a complete answer.

It sounds to me like you have a divorce petition on file in Texas. The case must include a child or children.

In Harris County, eventually the court will issue a scheduling order - usually on blue paper but not for all courts. A scheduling order will let you know your trial date. A trial date is the date your MUST appear or the case will be dismissed.

In Harris County, Texas before you can appear for a trial, you need to attent mediation.

Mediation is where both parties meet with an independent third party and try to resolve all of their issues. It they can reach agreement, a binding agreement is signed by the 2 parties and the mediator. The binding agreement is submitted to the court along with a Final Decree of Divorce that incorporates all the details that are included in the mediation agreement.

It is usally the policy of the State of Texas for all divorce cases to go to mediation before trial.

There are some expections but you will need to see an attorney to determine if you have a valid reason to be exempt from mediation.

Harris county courts also usually require each parent to complete a (approx. $40 - 4 hour) class on "parenting when you are a divorced parent" aka "parenting class".

In order to get divorced in Texas, one of the parties needs to appear before the Judge and under oath answer a series of questions. This is known as "proving up the divorce". The final papers can be submitted at that time or at a later date if the court approves it.

It sounds like you need some assistance doing the proper paperwork. I highly recommend you go to a law library and/or seek advise from an attorney.

Perhaps a law school clinic could assist you.

Helpful hint: Don't forget the fill out the BVS form that court will send to Austin, Texas for filing. (Just to completely confuse you, the courts call it a BVS form but the term does not appear on the form itself!!!)

If you live in the Houston area, you can give me a call at 713-847-6000.

Best of luck to you.

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Answered on 6/06/01, 1:30 am


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