Author Archives: admin

Cheap and Fast Online Divorce – Step by Step Instructions !

Texas Uncontested Divorce Process (Step by Step Instructions)

1) File Original Petition for Uncontested Divorce

In this step, US Legal PRO will help you file petition for divorce based on the information that you provide. This petition is your request for a hearing to allow a judge to grant you a divorce. Typical court fee for filing original petition for divorce is $250 to $350.

uslegalpro.com_Original Petition For Divorce

2) Give Your Spouse Legal Notice

Waiver

Now that you are done with filing Original Petition for Divorce and your petition has been accepted, you will need to give Legal Notice to your spouse and also prove to the court that you notified your spouse. There are three ways of doing this:

2.1) Waiver of Service – This form may be filled out by your spouse, if he or she agrees to sign it. It tells the Court that your spouse has received a stamped copy of the Original Petition for Divorce and does not want to be formally given a copy by a constable, sheriff, or process server. This form allows the judge to finalize your divorce as long as your spouse has signed the Final Decree of Divorce, and allows your spouse to be notified of any hearings in the case. Your spouse must sign the Waiver in front of a notary. The Waiver must be signed at least one day after the Original Petition for Divorce is filed.

2.2) Official Service of process – Official service of process is when your spouse is formally “served” with (given) the Original Petition for Divorce by a constable, sheriff, or private process server, or when the clerk sends it by certified mail, return receipt requested. You must use official service of process if a Waiver of Service form has not been filed in your case. It is always best to officially serve your spouse if there has been domestic violence in the relationship or a Protective Order is in effect.

2.3) Service by Publication or Posting – You may either use Publication or Posting in case you are unable to locate your spouse. You will have to demonstrate to the judge that you tried very hard to locate you wife.

3) Wait

60 days

Now that you have given your spouse a Legal Notice, it is time to wait. You will be required to wait at least 60 days before divorce can be finalized. The 60 day period starts from the time the Original Petition for Divorce is stamped. In other words, the shortest time it will take to finalize a divorced in Texas is 61 days. In case of domestic violence, there could be exception to the 60 day rule.
Additional Waiting Period Considerations:
21 days answer period – If your spouse was served with legal notice by an official process server, you will have to wait 21 days answer period + number of days till next Monday after 21 days answer period from the day spouse was served. Note that the total days could fall outside of 60 days waiting period.
7 days waiting period – If you spouse was served by Posting, you will have to wait 21 days answer period + 7 days waiting period + number of days till next Monday after 7 days waiting period.
10 days waiting period – If you spouse was served with legal notice by an official process server, the process server gives you completed return of service which will need to be on file with the District Clerk’s for 10 days.
Note: Your spouse can file an answer any time before finalizing the divorce.

4) Determine if you case is Still Uncontested

Is still agreed

Now that you have waited, determine if you case is still uncontested. You case is:
Contested – If your spouse files an answer and does not agree to the terms of the Divorce

Uncontested & Agreed – If you and your spouse agree on the terms and condition in Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.

Uncontested & Default – if your spouse did not file an answer after waiting period after being officially served.

5) Contact Court & Write Degree of Divorce and have Spouse Sign

Decree

Now that you have determined that you case is still Uncontested, find out when court hears uncontested cases and plan in advance as to when to go to the court. Before you go to the court for final hearing, complete the Decree of Divorce and have spouse sign the final version.

6) Go to the Court

Finalize

Free eFiling Of Uncontested Divorce – Only PRO can do it for you

One of US Legal PRO’s customers recently emailed us the following:

You guys have been great. The services you provide are reasonably priced and worth every cent. You can quote me on that!

Russell, Houston, Texas

Note: eFiling service and divorce petition creation service are different. Uncontested Divorce petition creation service is not free but once the petition is created, US Legal PRO will file it to the court for customers and that service is free. However please note that court could charge anywhere from $250 to $350 for case initiation. The fee is dependent on jurisdiction where the petition is being filed.

In fact Russell’s case was unique and since we thought we could not help him, we had offered him full refund for divorce document preparation (note free eFiling is different than divorce document preparation service). Instead he did his research and made sure that we can still help and asked us file his petition. What Russell said speaks volume about how much US Legal PRO cares about its customer’s satisfaction. Our goal is to get 5 starts all the time.

To understand why Russell said what he said, you will have to Ask yourself first:

Sites like 321 get divorce or get divorce quick or complete divorce and countless others – do they really file divorce petition for you?

The answer is resoundingly NO!

They are document creating factories and frankly legacy service providers and have yet to understand that court procedures are changing and have changed in many states.

For instance electronically filing civil cases like divorce is mandatory in Texas. Indiana, Illinois and California are moving in the same direction. These document preparation sites do not convey you that and let you struggle with the actual filing portion of the petition and that is a major work. What good paper in your hands when you need to learn how to electronically file it?

Is there a help?

Yes – US Legal PRO is the “ONLY” Electronic Filing Service Provider approved by the Office of Court Administration (http://www.efiletexas.gov/Service-Providers/USLegalPro.htm) that helps with preparation of petition for uncontested divorce cases and also does eFiling on your behalf. Everything is done online for you.

What about signature? Do I not need to sign the petition for Filing?

I knew you were going to ask that. Don’t worry – we got you covered there as well. We are the only service provider that enables you to sign your petition online thus eliminating the need for your to print, sign, scan and submit to the court. This is a huge time saver. No other sites provide this functionality.

Now you probably we can understand why Russell felt compelled to say good things about US Legal PRO.

Do you want to go ahead and complete Divorce Petition Questionnaire?

Wait I understand but tell me in detail what you do and how you do

Great let’s start:

US Legal PRO helps with creation and eFiling of Original Petition for Uncontested Divorce in Texas. The petition is your request for a hearing to allow a judge to grant you a divorce. After your petition is accepted by the court, you will need to contact the county court for hearing dates.
Filing original petition is the first step towards getting divorce. After petition is accepted by the court, there will be few more steps that you will be responsible for completing.


Texas Uncontested Divorce Process (Step by Step Instructions)

1) File Original Petition for Uncontested Divorce

In this step, US Legal PRO will help you file petition for divorce based on the information that you provide. This petition is your request for a hearing to allow a judge to grant you a divorce. Typical court fee for filing original petition for divorce is $250 to $350.

uslegalpro.com_Original Petition For Divorce

2) Give Your Spouse Legal Notice

Waiver

Now that you are done with filing Original Petition for Divorce and your petition has been accepted, you will need to give Legal Notice to your spouse and also prove to the court that you notified your spouse. There are three ways of doing this:

2.1) Waiver of Service – This form may be filled out by your spouse, if he or she agrees to sign it. It tells the Court that your spouse has received a stamped copy of the Original Petition for Divorce and does not want to be formally given a copy by a constable, sheriff, or process server. This form allows the judge to finalize your divorce as long as your spouse has signed the Final Decree of Divorce, and allows your spouse to be notified of any hearings in the case. Your spouse must sign the Waiver in front of a notary. The Waiver must be signed at least one day after the Original Petition for Divorce is filed.

2.2) Official Service of process – Official service of process is when your spouse is formally “served” with (given) the Original Petition for Divorce by a constable, sheriff, or private process server, or when the clerk sends it by certified mail, return receipt requested. You must use official service of process if a Waiver of Service form has not been filed in your case. It is always best to officially serve your spouse if there has been domestic violence in the relationship or a Protective Order is in effect.

2.3) Service by Publication or Posting – You may either use Publication or Posting in case you are unable to locate your spouse. You will have to demonstrate to the judge that you tried very hard to locate you wife.

3) Wait

60 days

Now that you have given your spouse a Legal Notice, it is time to wait. You will be required to wait at least 60 days before divorce can be finalized. The 60 day period starts from the time the Original Petition for Divorce is stamped. In other words, the shortest time it will take to finalize a divorced in Texas is 61 days. In case of domestic violence, there could be exception to the 60 day rule.
Additional Waiting Period Considerations:
21 days answer period – If your spouse was served with legal notice by an official process server, you will have to wait 21 days answer period + number of days till next Monday after 21 days answer period from the day spouse was served. Note that the total days could fall outside of 60 days waiting period.
7 days waiting period – If you spouse was served by Posting, you will have to wait 21 days answer period + 7 days waiting period + number of days till next Monday after 7 days waiting period.
10 days waiting period – If you spouse was served with legal notice by an official process server, the process server gives you completed return of service which will need to be on file with the District Clerk’s for 10 days.
Note: Your spouse can file an answer any time before finalizing the divorce.

4) Determine if you case is Still Uncontested

Is still agreed

Now that you have waited, determine if you case is still uncontested. You case is:
Contested – If your spouse files an answer and does not agree to the terms of the Divorce

Uncontested & Agreed – If you and your spouse agree on the terms and condition in Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.

Uncontested & Default – if your spouse did not file an answer after waiting period after being officially served.

5) Contact Court & Write Degree of Divorce and have Spouse Sign

Decree

Now that you have determined that you case is still Uncontested, find out when court hears uncontested cases and plan in advance as to when to go to the court. Before you go to the court for final hearing, complete the Decree of Divorce and have spouse sign the final version.

6) Go to the Court

Finalize

How you can effortlessly & cheaply file uncontested divorce in Texas court in 1 hour from your bed

Yes it is possible to file uncontested divorcein court in just 1 hour. I am sure you are curious as to how it is possible. Let me explain to you how this can be done in cheap and fast way in this digital age.

Buildup
You woke up and realized that the person sleeping next to you or sleeping on the couch is not the same person you wanted to live with the rest of your life. So you decided to get a divorce right from your bed (I know – I know it is not as simplistic as how I have put it – divorce is a painful experience). Then you can take following steps to file for divorce in 1 hour.

  1. Go to Texas Uncontested Divorce Site and complete the questionnaire – You can also provide your electronic signature right from the comfort of your bed (15 minutes)
  2. Email efile4me@uslegalpro.com and ask them to expedite the process. If you do not want to expedite, you do not have to email
  3. US Legal PRO will send you completed petition for uncontested divorce (45 minutes)
  4. Once you approve it, US Legal PRO will go ahead and file it for you (15 minutes)

Courts generally take few hours to up to 3 days to accept your filing.

Note: Filing for divorce is not the same as getting divorced. You still have to do following steps after the court accepts your divorce petition.

  1. Give your spouse “Legal Notice”
  2. Fill out “Final Decree of Divorce”
  3. Present your case to the judge by going to “Uncontested Docket”
  4. Finish by turning in your Final Decree of Divorce that the judge signed to the Court Clerk

*Note: Between Step #2 and #5, there is a mandatory waiting period of at least 61 days unless protective order is involved.

The END

How to get divorce in Texas without an attorney – for Dummies

Getting divorce as Pro Se litigants (Self-Filing) has gotten easier nowadays as there are many tools available online to help guide through the process. Introduction of eFiling has simplified the process even further as it is just a matter of few clicks and picks to file for divorce. Following simple guide will help you through the divorce process:

#1 Determine whether your divorce is contested or uncontested?

  1. A divorce case is contested when you and your spouse do not agree on the details of getting the divorce. For example, you do not agree on how to divide your property and debts, or what to do with your children.
  2. A divorce case is uncontested under following two circumstances:
    • When you and your spouse agree on ALL the details of getting the divorce.
    • If your spouse does not file an answer with the court after being officially served with your divorce paperwork.

#2 What if my divorce is contested?

In the case your divorce is contested, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees. So if it is a contested divorce, it is better to seek help of attorneys.

#3 What if I cannot afford to pay a lawyer for divorce?

If you cannot pay for legal fees, you may file for “Affidavit of Indigence”. Want know more about “Affidavit of Indigence”?

#4 Where do you get divorced (Residency Requirement)?

If you OR your spouse has lived in Texas for the last 6 months, you can file divorce in Texas. File your divorce in the county courthouse where you or your spouse has lived for the last 90 days.

If your children don’t live in Texas or haven’t lived in Texas very long:

A Texas Court cannot make initial custody and visitation orders about a child unless:

1) the child has lived in Texas for at least the last 6 months (or since birth), or

2) Texas was the child’s home state and the child has been gone for fewer than 6months.

 

There are a few exceptions to this rule. Talk with a lawyer if this is an issue.

 

If your spouse lives outside of Texas:
As long as you meet the residency requirements for divorce, you can get divorced in Texas even if your spouse lives in another state. However,the Court must have personal jurisdiction over your out-of-state spouse to include orders in your divorce that impose a personal obligation on your spouse—such as ordering your spouse to pay a debt or pay child support.

 

#5 When can I file for divorce?

You may file for divorce at any time however there could be a delay if the baby is on the way. Most courts will have you wait until the baby is born and only then finalize the divorce so that orders regarding baby can be included in the divorce decree.

But wait what if the baby is not mine?

It still does not matter even if the baby is not from the divorcing husband. Court is likely to wait.

#6 Can you help me file for divorce?

If you want guided help then please go to https://uslegalpro.com/blogs/category/divorce .

#7 Where do I file for Divorce?

As per the decision of the Supreme Court of Texas, all the civil and family cases in Texas are accepted as electronic filing or eFiling. You must complete your case processing through EFSP in order to file any civil cases in Texas. Click here to register yourself with US Legal PRO and begin your case in Texas court.

#8 How will I get confirmation that my divorce paper has been filed?

You receive the confirmation e-mail from Texas eFiling system it sends you the court stamped copy of your petition. Save that petition, print it and use it as official copy.

#9 I filed for the divorce – now what?

After you have successfully eFiled your divorce case, provide your spouse with the notice of divorce filing and notification can be provided with following methods of services:

Waiver of Citation : This is for the case when there is complete agreement in ll issues between the divorcing parties and spouse don’t want copy of divorce filing and signs it.

Answer : This is for case when spouse wants the copy of divorce files but doesn’t wish to attend hearing and agrees to all the issues.

Service in person or by mail : If your spouse does not agree to the divorce or you are not in agreement on all issues, you may wish to serve him or her in person, by hiring a process server, or by registration or certified mail.

Service by publication : For the case when you are unable to find your spouse, you have to file affidavit with the court stating that you are unable to find your spouse with your honest efforts and publish your petition on newspapers for finding your spouse.

#10 Do I need to provide any evidence?

If you and your spouse are in complete agreement the court processing would not take long but if there are some settlements to make then you should be prepared for the hearing in order to make the settlements in your favor. You can familiarize with terms and requirements of courts, standards of your evidences and how you present yourself in court and so on. For more information about standards of evidences follow information in Texas Court website and read about Texas rules of evidences.

#11 When will be the hearing?

It depends upon the complexity of your divorce case, but generally it takes about 60 days after filing your divorce petition. Attend the hearing on the court in the designated date. If both parties are in agreement on all issues hearing concludes within ten minutes.

#12 Finally

Finally, you need to file Divorce Decree along with Information on Suit Affecting Family form by yourself which judge will sign. After the judge signs your Final Decree of Divorce, turn it in to the clerk’s office. Get a certified copy of your Final Decree of Divorce from the clerk and you are done.

Annulement in Texas -How to declare a marriage null and void?


Marie’s Story

I first dated him during the final year of my graduation. We were colleagues and our relationship started with a friendship and eventually we fell for each other. Even though we were falling in love, I was determined that we weren’t going to have premarital sex. We got engaged and I loved him even more than before, but I never let down my determination. And then about a year of dating I was graduated and we were married. It was just a small private ceremony. And then, on our wedding night, well . . . I don’t know how to put this . . . I discovered that he was . . . impotent. How can I continue my relation with him? Can I get an annulment?”

Marie’s story is so bizarre, and it happened in a small town in Central Texas. This is an illustration of voidable marriage for which you can get an annulment in the Texas Court.

NOTE: By 2016, all the civil matters in Texas must be filed in the court electronically i.e. case should be e-filed. Most of the counties and district courts in Texas have implemented eFiling and remaining will be joining soon.

Marriage can either be void or voidable? These are just legal terms for the grounds that you must prove to get an annulment in Texas. Unfortunately, most people who are thinking of getting an annulment don’t meet the requirements, and end up getting a divorce. It is important to understand that a civil annulment is not the same thing as a religious annulment.

Did you know?
With US Legal PRO, filing divorce is easy and fast. US Legal PRO not only helps with creation of Petition of Uncontested Divorce in Texas but also files the petition it for you in the court – a service that nobody else provides. US Legal PRO is the only divorce petition preparer in the state of Texas that is also an Electronic Filing Service Provider (EFSP) approved by the Office of court Administration. Filing civil cases like divorce, electronically, is mandatory in the state of Texas. Additionally US Legal PRO gives you ability to sign online thus eliminating the need to print, sign, scan and file.

So what are the grounds for annulment of a marriage in Texas? They’re divided into two different groups: void marriages and voidable marriages.

Void marriages are marriages that never could have been, and voidable marriages are marriages that never should have been.

VOID MARRIAGES

There are two grounds for declaring a marriage void in Texas:

  • Consanguinity
  • The existence of a prior marriage

Consanguinity means getting married to someone who is a relative. By that they mean a father or mother, a child, a brother or sister, an aunt or an uncle, a nephew or a niece. If you marry that close a relative, then you can seek an annulment to declare your marriage void.

You can also have your marriage declared void if your spouse was married to someone else when he/she married you. If you’re not single, you can’t enter into a marriage contract and the marriage is void.

But, if you stay married to the person and they dissolve their first marriage, then you automatically become married to them when the first marriage ends.

VOIDABLE MARRIAGES

Forced Consent

If one of the spouses was forced or threatened into marriage and only entered into it under duress, the marriage is voidable and you can claim for an annulment in the court.

Fraud

If one of the spouses agreed to the marriage based on the lies or misrepresentation of the other, the marriage is voidable. A Texas court won’t grant annulment for fraud, duress or force if the spouses continued to live together after the fraud was discovered or the duress or force was no longer present.

Mental Illness

If either spouse was mentally ill or emotionally disturbed at the time of the marriage, the marriage is considered voidable and it can be used as ground for an annulment.

Mental Incapacity

If either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent, you can ask the court for annulment.

Impotence

If either of spouses was physically incapable of having sexual relations or impotent during the marriage, it is a voidable marriage. The court won’t grant annulment if the spouse asking for annulment knew about the impotence at the time of marriage, or voluntarily lived with the impotent spouse since finding out.

Underage Marriage

If either spouse was too young to enter into marriage without parental consent or court approval. Once a spouse is 18, the spouse can’t file for an annulment based on being underage.

An annulment has to be filed by one of the spouses, unless one spouse is underage. If a spouse is underage, a parent or guardian can file for the annulment on their behalf. The legal age to get married in Texas is 18, or 16 with a parent’s consent or court order.

Concealed Divorce

Texas has a law that says that you can’t get married within 30 days after you get a divorce. Basically, that’s to give the other party a chance to get their paperwork from the divorce and reopen the case if they think they got screwed.

So, if your spouse got married to you less than 30 days after he/she got a divorce and there was no way that you could have known about that and you quit living with your spouse right after you found out, then you can get an annulment. But, you can’t get an annulment on these grounds after your first wedding anniversary.

Marriage Less Than 72 Hours After Issuance of the Marriage License

Texas requires people to wait at least 72 hours after they get their marriage license before they can get married. If you find out that your spouse didn’t wait those 72 hours, you can get an annulment

Note: You can’t file for an annulment under these grounds, if you’ve been married for more than 30 days.

So, these are the grounds for annulment under Texas family law. If you meet the requirements of any of them, then you can file for an annulment. If you don’t, you have to get a divorce.