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Do-it-yourself divorces

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kimberlywrites

Senior Member
What is the name of your state? Texas
Does anyone have any experience with those do-it-yourself divorces? Where you get the 'kit' online and there's supposedly no need for an attorney?
 


Litigation!

Senior Member
kimberlywrites said:
What is the name of your state? Texas
Does anyone have any experience with those do-it-yourself divorces? Where you get the 'kit' online and there's supposedly no need for an attorney?

My response:

This is not a legal question. Use Google.

IAAL
 

ceara19

Senior Member
kimberlywrites said:
What is the name of your state? Texas
Does anyone have any experience with those do-it-yourself divorces? Where you get the 'kit' online and there's supposedly no need for an attorney?
You'd be better off going to a book store for a do-it-yourself divorce kit. That way you can actually see what you're getting before you pay for it. The ability of being able to go this route is going to vary with every situation and it's not something many people would reccommend you do. If he is going to contest any part of the divorce, you'll probably end up over your head. If there are children involved, one of you will HAVE to hire an attorney to represent the best interests of the children.
 
Actually, HAVE to, is overstating it... You do not HAVE to get an attorney. However, it is definitely advisable.

In Texas, you can do it all yourself. AND you can dig yourself as big a hole as you wish... My brother and his ex did a do-it-yourself from online. They really should have consulted an attorney. Seriously. They have 3 kids and are doing ok, but my ex SIL really got screwed. Good for my brother, not so good for her.

As far as I know there is no law anywhere that you are required to have an attorney for anything.

My 2 cents... Get a lawyer.
 

ceara19

Senior Member
I don't doubt what you said about your brother, but I have NEVER personally seen a divorce case involving children where the judge did not either order the parties to hire an attorney or had an attorney (or in some cases an experienced GAL) appointed to represent the children's best interests. And really, that's the way it should be.
 
It's true. They agreed to joint custody, no CS due to equal time, domicile restrictions of children within contiguous counties, etc. and the judge signed off on it.

Actually, he required them to make the change regarding contiguous counties, because before that my brother was requesting children be restricted to the same town and to have cp status for residential purposes.

I know this because I helped them make changes and corrections before they filed and after judge made notes on the original for the changes... I'm sure it's probably weird, but alot of things in Texas are.

LOL

I had assumed it was because with both parents showing up in court and agreeing, that the court would assume that both parents would have best interest of children in mind... We all know that isn't always the case, but seriously, they weren't asking the court to do anything but sign off on what 2 adults/parents were agreeing to.

Anyway, to OP. It really really really is in your best interest to consult an attorney.
 

Anisah_H

Member
Some courts have blank forms online you can use. Many family attorneys do a free telephone or in-person legal consultation, so you can find out your rights if you cannot afford an attorney. Many people, myself included, cannot afford an attorney, it can cost up to $1,000 for a divorce. I wouldn't get the kit, as you need forms specific to your state. You might call and ask the court if they have forms you can use to do the divorce yourself. The court will make sure the child's rights to both parents and to support are protected. If the other party fights custody it can get messy, and a lawyer would be recommended, although my ex tried to get custody of my children while I was living in a shelter, he had an attorney and I did not, and he did not win.

Hope this helps.
 

ceara19

Senior Member
Anisah_H said:
Some courts have blank forms online you can use. Many family attorneys do a free telephone or in-person legal consultation, so you can find out your rights if you cannot afford an attorney. Many people, myself included, cannot afford an attorney, it can cost up to $1,000 for a divorce. I wouldn't get the kit, as you need forms specific to your state. You might call and ask the court if they have forms you can use to do the divorce yourself. The court will make sure the child's rights to both parents and to support are protected. If the other party fights custody it can get messy, and a lawyer would be recommended, although my ex tried to get custody of my children while I was living in a shelter, he had an attorney and I did not, and he did not win.

Hope this helps.
The do-it-yourself kits are state specific. If the parties involved, do not follow proper procedure, the court will not guide them through it. At best, they will put the case on hold or dismiss it entirely until the orders and motions are filed correctly. Many Texas counties have law libraries that are free and open to the public. Some even have very knowledgable librarians that are willing to give you a hand and make sure you have all the proper forms and they are filled out correctly. You need to check with your county.
 
Do-it-yourself isn't a bad thing at all. My wife knows this from experience. HOWEVER: they agreed upon everything beforehand and EVERYTHING was grossly civil. But if there's one smidge of doubt as to the civility of the outcome, then you'd be a fool not to hire an attorney. Like I said, it'll probably never work unless you guys really like each other and there's NO animosity.
 

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