Property

After the "petition" is filed, and ONLY after the petition is filed, the Petitioner can present the Respondent (the other spouse) a Waiver of Service. Anytime someone is sued, including uncontested divorces, they are entitled to notice of the lawsuit. The Court will require proof that spouse has received a copy of the petition and knows there is a lawsuit...

In prior articles we discussed what and uncontested divorce is and the basics of the uncontested divorce.  In those articles we talked about the agreements necessary for an uncontested divorce.  Depending on the specifics of your marriage, you will have to agree on: Getting divorced Property and Debt Division, and Child related issues. Let's dig a little deeper into the agreements required...

A common issue in a divorce is the division of an automobile when the car debt is in the name of both parties. These can be tricky situations because they involve a third party, a creditor. Below I discuss possible options to divide a car in this situation, but first it is important to understand that the divorce court cannot...

In a prior article we discussed the basics of an uncontested divorce in Texas. But what exactly is an uncontested divorce? An uncontested divorce means that you have agreed on the following: actually getting divorced; division of all property and debts; and (if applicable) all child related issues, including child support; health insurance; conservatorship (which includes custody); and the visitation arrangements whether...

This post will be the first in a series of posts on agreed or uncontested divorces in Texas. Everything in here applies anywhere in Texas. Since we will be addressing uncontested divorces, I am going to keep it very basic. However, before beginning a discussion on an uncontested or agreed divorce there needs to be a focus on the basics of a...

A pre-marital agreement is an agreement you reach with your future spouse regarding how property accumulated during the marriage is handled in the event of a divorce.  It can be as simple as setting out that all property brought into the marriage stays the property of that spouse (called separate property), or as restrictive as preventing any property accumulated during...