No fault uncontested in Tx

[lcr]

What is the name of your state? TX

My wife and I are getting a divorce. We have been living together off and on for the last three years. We agree on the division of assets and are splitting the debt aquired right down the middle. She ended up getting pregnant and having a baby from her "boyfriend". Figured it was time to take care of it legally. Do I need to claim a discovery level 2? 1 doesn't apply and 3 is by order. We do have a child together and we both want joint physical custody so she can stay with each of us on alternating weeks. I want the house and she's willing to give it up. I understand we need to do a "Deed of Trust" and a "Deed of Conveyance" (I think??). I cannot find any examples to go off of. Basically where she says "I don't want the house", and I say "If I can't pay for the house I notify her". This second child (not mine) must be listed in the pettition as "not of this marriage" but I'm not quite sure how or where to include it. I have signed a "Denial of Paternity" at the hospital where the baby was born. Do I need to go to the county clerk and get a copy to include in the pettition? I have also gone to the local Law Library to get example pettitions so I can type it up and file it. I just need to get my ducks in a row before I step into this without an attorney. Any insight is greatly appreciated.

 

[Boxcarbill]

You really need to hire a lawyer. Your divorce is far to complex to do it yourself. It involves child support, visitation, custody, division of real property (most likely retirement plans as well). Just because the two of you agree does not make this a simple divorce. So which level of discovery isn't even the tip of the iceberg.

 

[lcr]

Uncontested

You see, that's the beauty of it. Property and debts are in agreement. We both want joint "no primary" custody. I will provide health insurance. There is no retirement. We make about the same amount of money (she makes about $25 more a week) so we both do not want child support. We have had consultations with half a dozen attorney's and they all look at us in astonishment. They can't believe everything is in agreement. So I figure why pay $1500 for an attorney who wants $750 up front to push this along when I can pay $182 and wait the 60 days. Do you know where I can get examples of the "deed" agreements I need?
Thanks in advance.

 

[Boxcarbill]

Re: Uncontested

You see, that's the beauty of it. Property and debts are in agreement. We both want joint "no primary" custody. I will provide health insurance. There is no retirement. We make about the same amount of money (she makes about $25 more a week) so we both do not want child support. We have had consultations with half a dozen attorney's and they all look at us in astonishment. They can't believe everything is in agreement. So I figure why pay $1500 for an attorney who wants $750 up front to push this along when I can pay $182 and wait the 60 days. Do you know where I can get examples of the "deed" agreements I need?
Thanks in advance.

Most divorces in Texas are by agreement. In fact, it is the rare exception which is not ultimately by agreement. Reason: The first pleading by both parties must have an attached affidavit, signed by the party not their attorney, regarding good faith attempt at settlement without trial. Then there is the requirement for dispute resolution before the case can be set for final hearing and finally there is the cost of litigation if an agreement is not reached and that usually involves several thousand in retainer fee.

The fifteen hundred dollars is for an agreed decree involving children and property division and the collateral documents that are involved in a divorce with children and real property. You can count on the decree alone running 31 pages. You will need a Special Warranty Deed. But I'm not going to act as your lawyer on the Internet. Good luck to you.

 

[lcr]

Thanks for your insight Boxcarbill. I'm not asking for you to represent me over the internet. I'm just asking for guidance to finding specific examples of "forms"or "documents" I can reference so I can type up a pettition correctly. If you can direct me to a web page where I may find examples of these "documents" I would greatly appreciate it. If you do not know where I may find them, I thank you for your "advice" and will keep searching.