What is the first step to take towards a divorce in Texas?

Question

Hello,

My husband and I are probably going to agree on getting a divorce. My question is, where do I start? I am assuming an attorney.

We have 2 children, a house, cars, etc.

If the house is in both of our names but the loan is in his name, can I still legally keep the house as long as I can afford it?

This is definitely a hard time and I wish it wasn't happening, but I have finally realized he truly does not love me. I think it would be for the best. I can no longer walk on egg shells everyday or expect my kids to.

Does anyone know how expensive a divorce is? We are middle class, no debt other than our home. But I would like to keep the house with the kids.

Answer 1

You will have to find a good attorney - which could be like pulling a needle out of the hay stack.

All you can do is go with your gut feeling...

If you can afford the home without your husband's help, I do not see why you will not receive it in the divorce. But you will probably have to pay him a settlement, which often comes if you sell the home (even 30 years from now)...It just varies on how much he has put into it.

Good luck.

Answer 2

In Texas...step #1:  load that gun.

Answer 3

You want a divorce. You want the house. You want the kids.

What about what he wants?

Answer 4

Don't wear your ten gallon hat to bed in the buff.

Answer 5

1. Load shotgun

#2. Holler "Git off my porch and outta my life or I'm gonna call the cops!"

Seriously, though... I was just having a little fun with you.

First off, you need to go to your county court house, and get the form you will need to file for divorce (should be called a petition of divorce (or dissiloution of marriage). You may be able to download this.

Then, fill it out, and file it with the court clerk. There will be a fee for this, but I don't know how much it is in TX.

If there is a no-fault divorce, and you and the soon to be ex are in agreement about it, it's possible you may be able to get this done without attorneys. It's more civilized that way.

The more that you and he can agree on, the cheaper your divorce will be. If you can agree on a division of property, your divorce can be clean and cheap and simple. It's when you start arguing and fighting that it gets nasty and expensive.

Try to come to a civilized agreement with him, and then file your petition.

In RE:  the house:

You MAY recieve the house in a settlement, but there's no guarantee. If he agrees to let you have it, or if the judge does, what will usually happen is that the equity in the house will be divided between the two of you - which means that the half of the equity that would be his is reimbursed to him via cash from the marital estate or assets in a similar amount. The note would have to be transferred over to your name.

Answer 6

invest in a lawyer because without one you may lose a lot. Another option is an attorney that has just passed the bar exam.  Many will help for low fees or even pro-bono and will work out something depending on what you get. My husband is an attorney and he did these things when he was a new attorney that passed his bar exam. he did well for others when he was younger and he got the experience needed.  He has been in practice now 32 years.  Look into universities and the American Bar Association.  Hope this helps and good luck to you.

Answer 7

You can contact a paralegal who can prepare the documents.  The first document you want is a financial agreement.  Who pays what, which can also include the house.  If you request the house, normally that will be granted by the courts; however, you may have to pay him his part of the equity in the house.  If you use a paralegal, it will cost around $400; and a lawyer will cost around $5000.

Answer 8

Get an Attorney and file paperwork.

Answer 9

Step #1: Falling out of love.

Answer 10

Get a lawyer only he can answer all that.  The house depends if he is going to fight you for it.  Did you try marriage counseling first?  I hate to hear people getting divorced.  I'm sorry.

Answer 11

With property & children involved you will need an attorney. You may be able to get a free consultation to find out the details.  If you get custody of the children you should be allowed to stay in your home but you will be responsible for all the bills. Child support will probably not be enough to pay all of them.

Answer 12

with children envolved you will need and attorney... ask people you know for a good attorney in your area... or check the phone book.... the initial first consultation with an atty is free.....

you do know that texas is a community property state... which means anything and everything acquired during marriage belongs to both..... for instance.... if you want the house but he does not want you to have it, you probably will have to sell it and the money split equally.....

you must talk to an atty first...... because child support will also be involved.....

Good Luck......