Legal Question in Family Law in Texas
My husband and I are getting a divorce. We dont want to drag this through the courts and have agreed on a settlement. It is not what I deserve but I want to move on with my life. And I dont want to put my children through any more emotional trauma. He went to his lawyer today to fill out the paperwork. And told me it would be ready in 56 days. He also told me he would hire a lawyer to look over it and make sure it is everything we agreed on. I have two questions. One i understand this process takes 60 days. Is four days enough time in case i need to contest it or dont agree with what is on the decree? And two do I have to sign it in order for it to us to be divorced?
1 Answer from Attorneys
There are red lights flashing in your head for a reason. This is not an appropriate way to obtain an uncontested divorce. First you say that he has a lawyer, that is drafting a decree, and the decree will take nearly 2 months to draft. Then you state he will hire a lawyer to look it over. That doesn't make sense, unless he is hiring a lawyer to represent you. If that is what you mean, hire your own lawyer to review it, and let him pay the lawyer's bill. There is value in giving up some property to achieve peace in one's life, but this does not sound like an arms-length transaction. Do not sign a waiver, until you have reviewed a proposed final decree. If you do, he can get the divorce without notice to you. The 60 days is not a maximum, it's a minimum.
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