File for Divorce in Texas with CD, 5E (How to File for Divorce in Texas)

288 Pages·2006·4.71 MB·english

by  Karen Rolcik

SPHINX LEGAL
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A divorce can be the most painful and expensive F
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the process of divorce.”
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Negotiate Child Support and
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Visitation Agreements
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R E A D Y- T O - G O F O R M S
W I T H S T E P - B Y- S T E P I N S T R U C T I O N S T A PLAIN ENGLISH GUIDE TO GETTING IT DONE NOW:
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ESSENTIAL DOCUMENTS YOU NEED TO:
About the Authors:
A lm4 Protect Your CHILDREN’S FUTURE
lm4 End the Marriage and Start Fresh Karen Ann Rolcikis licensed to practice law
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in Texas and Ohio, and is a certified lm4 End the Relationship with DIGNITY
lm4 Resolve Property Disputes mediator in Texas.She currently resides in
Bedford,Texas.
5th
edition lm4 SAVE on Legal Fees
lm4 Calculate Child Support Edward A. Haman has practiced law in
Hawaii,Florida and Michigan.Mr.Haman
lm4 Develop a Visitation Schedule currently resides in Tampa,Florida. RO S
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C H R E A D Y- T O - G O F O R M S
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www.SphinxLegal.com 5th edition
File for
Divorce
in
Texas
(+ CD-ROM)
Fifth Edition
Karen Ann Rolcik
Edward A. Haman
Attorneys at Law
S P
PHINX® UBLISHING
ANIMPRINTOFSOURCEBOOKS,INC.®
NAPERVILLE,ILLINOIS
www.SphinxLegal.com
Copyright © 1994,1998,2002,2004,and 2006 by Karen Ann Rolcik and Edward A.Haman
Cover and internal design © 2006 by Sourcebooks,Inc.®
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Fifth Edition:2006
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This publication is designed to provide accurate and authoritative information in regard to the subject
matter covered.It is sold with the understanding that the publisher is not engaged in rendering legal,
accounting,or other professional service.If legal advice or other expert assistance is required,the serv-
ices of a competent professional person should be sought.
From a Declaration of Principles JointlyAdopted by a Committee of the
American Bar Association and a Committee of Publishers and Associations
This product is not a substitute for legal advice.
Disclaimer required by Texas statutes.
Library of Congress Cataloging-in-Publication Data
Rolcik,Karen Ann.
File for divorce in Texas :+ CD-ROM / by Karen Ann Rolcik and Edward A.
Haman.-- 5th ed.
p.cm.
Rev.ed.of:How to file for divorce in Texas.4th ed.2004.
Includes index.
ISBN-13:E978-1-57248-541-9-541-9 (pbk.:alk.paper)
ISBN-10:E1-57248-541-8-541-8 (pbk.:alk.paper)
1. Divorce suits--Texas--Popular works.2. Divorce--Law and
legislation--Texas--Popular works. I.Haman,Edward A.II.Rolcik,Karen
Ann.How to file for divorce in Texas.III.Title.IV.Title:How to file
for divorce in Texas.
KFT1300.Z9R65 2006
346.76401'66--dc22 2006010581
Printed and bound in the United States of America.
SB — 10 9 8 7 6 5 4 3 2 1
Disclaimer:
This eBook does not include the ancillary media that was
packaged with the original printed version of the book.
Contents
r
e
t
p
a
h
c
How to Use the CD-ROM . . . . . . . . . . . . . . . . . . . . . . . vii
Using Self-Help Law Books. . . . . . . . . . . . . . . . . . . . . . ix
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xiii
Chapter 1: Marriage Ins and Out . . . . . . . . . . . . . . . . . 1
Marriage
Divorce
Annulment
Legal Separation
Chapter 2: The Legal System . . . . . . . . . . . . . . . . . . . . . 5
Theory versus Reality
Divorce Law and Procedure
Legal Research
file for divorce in texas iv
Chapter 3: Effects of Divorce
and Its Alternatives . . . . . . . . . . . . . . . . . . 15
Legal Divorce
Social and Emotional Divorce
Financial Divorce
Children and Divorce
Alternatives to Divorce
Collaborative Law
Checklist for Considering the Impact of Divorce
Chapter 4: Evaluating Your Situation . . . . . . . . . . . . 23
Relationship with Your Spouse
Financial Information
Property and Debts
Child Custody and Visitation
Parenting Plans
Child Support
Alimony
Checklist for Parenting Plan
Checklist for Property Division, Custody, and Alimony
Chapter 5: Lawyers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Deciding If You Want a Lawyer
Selecting a Lawyer
Working with a Lawyer
Firing Your Lawyer
Checklist for Hiring a Lawyer
Chapter 6: General Procedures. . . . . . . . . . . . . . . . . . 59
Introduction to Legal Forms
Filing with the Court Clerk
Notifying Your Spouse
Setting a Court Hearing
Courtroom Manners
Negotiating Settlements
Checklist for General Preparation
contents v
Chapter 7: Uncontested Divorce Procedure. . . . . . . 71
Contested or Uncontested Divorce
Petition for Divorce
Waiver of Citation
Answer
Marital Settlement Agreement
Temporary Support
Decree of Divorce
Order Withholding from Earnings for Child Support
Statement Regarding Health Insurance Coverage for Children
Special Provisions for Maintenance (Alimony)
Checklist for Uncontested Divorce
Chapter 8: Contested Divorce Procedure . . . . . . . . . 87
Procedure Differences from Uncontested Divorce
Collecting Information
Property and Debts
Child Custody and Visitation
Child Support
Checklist for Contested Divorce Preparation
Chapter 9: The Court Hearing . . . . . . . . . . . . . . . . . . . 99
Preparation
The Hearing
Chapter 10: When You Cannot Find
Your Spouse. . . . . . . . . . . . . . . . . . . . . . . 105
The Diligent Search
Preparing and Filing Court Papers
Publishing
Chapter 11: Special Circumstances . . . . . . . . . . . . . 109
When You Cannot Afford Court Costs
Protecting Yourself,Your Children, and Your Property
Temporary Support and Custody
Taxes
file for divorce in texas vi
Pension Plans
Social Security Benefits
Paternity
Grandparents’ Rights
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Appendix A: Texas Family Code . . . . . . . . . . . . . . . . 123
Appendix B: Blank Forms. . . . . . . . . . . . . . . . . . . . . . 161
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
How to Use
the CD-ROM
Thank you for purchasing File for Divorce in Texas. To make this
material even more useful, we have included every document in the
book on the CD-ROM in the back of the book.
You can use these forms just as you would the forms in the book.Print
them out, fill them in, and use them however you need.You can also
fill in the forms directly on your computer.Just identify the form you
need,open it,click on the space where the information should go,and
input your information. Customize each form for your particular
needs. Use them over and over again.
The CD-ROM is compatible with both PC and Mac operating sys-
tems.(While it should work with either operating system,we cannot
guarantee that it will work with your particular system and we can-
not provide technical assistance.) To use the forms on your
computer, you will need to use Microsoft Word or another word pro-
cessing program that can read Word files. The CD-ROM does not
contain any such program.
file for divorce in texas viii
Insert the CD-ROM into your computer.Double-click on the icon rep-
resenting the disc on your desktop or go through your hard drive to
identify the drive that contains the disc and click on it.
Once opened, you will see the files contained on the CD-ROM listed
as “Form #: [Form Title].” Open the file you need. You may print the
form to fill it out manually at this point,or you can click on the appro-
priate line to fill it in using your computer.Once all your information
is filled in, you can print your filled-in form.
• • • • •
Purchasers of this book are granted a license to use the forms contained
in it for their own personal use.By purchasing this book,you have also
purchased a limited license to use all forms on the accompanying
CD-ROM.The license limits you to personal use only and all other copy-
right laws must be adhered to. No claim of copyright is made in any
government form reproduced in the book or on the CD-ROM. You are
free to modify the forms and tailor them to your specific situation.
The author and publisher have attempted to provide the most current
and up-to-date information available. However, the courts, Congress,
and your state’s legislatures review, modify, and change laws on an
ongoing basis, as well as create new laws from time to time. Due to
the very nature of the information and the continual changes in our
legal system, to be sure that you have the current and best informa-
tion for your situation,you should consult a local attorney or research
the current laws yourself.
This publication is designed to provide accurate and authoritative
information in regard to the subject matter covered.It is sold with the
understanding that the publisher is not engaged in rendering legal,
accounting, or other professional service. If legal advice or other
expert assistance is required,the services of a competent professional
person should be sought.
—From a Declaration of Principles Jointly Adopted by a
Committee of the American Bar Association and a Committee of
Publishers and Associations
This product is not a substitute for legal advice.
—Disclaimer required by Texas statutes
Using Self-Help
Law Books
Before using a self-help law book, you should realize the advantages
and disadvantages of doing your own legal work and understand the
challenges and diligence that this requires.
The Growing Rest assured that you will not be the first or only person handling
Trend your own legal matter.For example,in some states,more than 75% of
the people in divorces and other cases represent themselves.Because
of the high cost of legal services, this is a major trend, and many
courts are struggling to make it easier for people to represent them-
selves. However, some courts are not happy with people who do not
use attorneys and refuse to help them in any way. For some, the atti-
tude is,“Go to the law library and figure it out for yourself.”
Wewrite and publish self-help law books to give people an alternative
to the often complicated and confusing legal books found in most law
libraries. We have made the explanations of the law as simple and
easy to understand as possible. Of course, unlike an attorney advis-
ing an individual client,we cannot cover every conceivable possibility.