Legal Question in Family Law in Texas
Petition for Divorce Response
My husband and I have been seperated for about 3 years. No kids. We have a house together that I have occupied and maintained alone during seperation. I recently received an original petition for divorce. The petition states that Petitioner requests court to order a division of the estate. My husband says he has no interest in the house and is filing without attorney Pro Se Divorce and as uncontested. He says he has more paperwork to send but I still haven't received anything.I must respond to petition soon and am worried I should use an attorney. How do I respond to petition and request that we do this out of court without actually contesting the divorce? Is there a standard form for property issues and responding to divorce petition or do I simply write a letter?
2 Answers from Attorneys
Re: Petition for Divorce Response
A divorce without kids is pretty easy. However, I would definately handle the real estate in the Final Decree of Divorce. If you don't then you might have problems when you try to sell the house.
If you live in the Houston area, I offer a free telephone consultation at 713-847-6000. Be sure to let my secretary know that you found me on lawguru.com
Re: Petition for Divorce Response
Hello --
You need to file a written answer and you need to file it soon, if you have not done so already. I'm not sure when you posted your question, but you would have until the Monday next following the expiration of 20 days after the date the petition was served upon you to answer. Regardless of whether the issues are "uncontested", you need to file a "general denial" to preserve your rights.
There are all sorts of programs, books, etc. that you can find regarding divorce documents, but I would encourage you to consult with an attorney before reaching any agreements or entering any decrees. I realize of course that I have bias, being a part of the profession, but there are so very many issues that can arise in divorce that need to be handled and which are often overlooked. Examples of this include IRS issues -- how to deal with income tax for the current year, previous years, etc. and how to handle liabilities that arise after divorce.
If you case is truly uncontested, representation should not be that expensive. Our firm, for example, charges $1000 to respond to an uncontested divorce and prepare the necessary documents.
Should you have further questions or wish to consult with our office, please feel free to e-mail me at: [email protected] or call 1.800.292.7002. We handle family law cases throughout the State and would be more than happy to consult with you for no charge. All the best to you,
Joshua Wintters
Attorney at Law