Legal Question in Family Law in Texas

My wife is gay and we've been living as not-married for a few years. We live in the same house raising two kids, 6 and 9. We have debt we both pay but no property or other assets. We have a schedule of who is with the kids. I have a separate account of which I receive a small portion of my check, the rest goes into an account we both have access to for rent, child care and house needs. We're still friends, we just want the marriage part gone. I've started filling out a petition already but all the other child support/custody paperwork is frightening. Neither of us want a court to change what we have set up. What's the best way to dissolve the marriage?


Asked on 6/09/10, 12:57 pm

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Unless the court finds that your current schedule is not in the children's best interest, you can ask it to approve your schedule. You should have an attorney draft it so that it is properly enforceable should either of you decide you don't like it.

Your attorney will also be able to provide language that clarifies who gets what from the property of the marriage.

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Answered on 6/10/10, 9:28 am
Fran Brochstein Attorney & Mediator

If you guys agree everything, I offer a do it yourself divorce kit at a reasonable price.

I do this because the on-line kits that I've seen are not designed by Texas firms and they do not comply with Texas laws. My kit is based on my forms. I design them for YOU and your family.

I charge $150 per hour. I sell you all the TX forms that you need to go along with them. The on-line kits don't have any TX forms.

My kit was designed for Harris County so I might not have your local county forms but I have many of the county forms.

You pay the county filing fee for the divorce (usually under $300) and that's the only court cost in Texas. I tell you how to file, how long to wait, what parent's class to take, what to tell the judge, what to wear to court, etc. I just don't go to court with you. In fact, you can both come see me if you want to.

Call or email if you are interested.

713-847-6000

[email protected]

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Answered on 6/10/10, 10:26 pm


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