Legal Question in Family Law in Texas
My wife and I have been separated for two years now. We wanted to make the divorce as simple as possible. We have no common property to divide and nothing really to fight over. We've agreed to simply go our separate ways. We do however have a child and have agreed on the basic child support that the courts usually designate. She wants me to sign a "waiver of petition" and has been very adamant about me doing so which worries me some. My question is "Is the waiver of petition" the best course of action for a "simple unmediated" divorce if we simply want to stay out of court and come to a basic agreements on my own. I haven't made consistent payments but instead we've mutually agreed on caring for his and her needs as she requested them. What's the best way to handle this and keep it out of court?
1 Answer from Attorneys
Based on what you have written, waivers of service are generally not a wise item for a responding party to sign unless the waiver has been at least reviewed by an attorney for the respondent. The waiver may contain language which could be detrimental to responding party's position and case. Simple divorces can be accomplished with the assistance of a law firm at a reasonable cost. Has you spouse actually filed the petition for divorce? If the petition for divorce has been filed, which court is handling your divorce case? What have you and your spouse agreed to regarding child conservatorship and designation of primary residency? These are just some of the questions which require answers.
For a divorce to be granted, the final decree of divorce will have to be approved and signed by a court. As such, the case will have to go before a court at some point. You should consider at least meeting with a law firm to ensure that your rights and interests are being protected. You may review our law firm at htttp://www.thebrashearlawfirm.com or call 281-994-4034 for more information.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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