Divorce Support Forums: other's in Texas

Jana -- my divorce was just final Jan 26. It cost me quite a bit $3600 but I was married for 34 yers and had a lot of property, as well as a business that is jointly owned with my X. My attorney charged $150 an hour, but he gave me a discount because I am a friend. His normal rate is $200. I thought even $150 sounded excessive so I called a very good friend of mine in San Antonio, whose husband is also a lawyer. I told her the deal my lawyer was giving me and asked what she thought. Her answer was, "Carl (her husband) charges $400 an hour." I live in a much smaller town than SA so maybe that's the difference in price. I hung up thinking -- no wonder she drives a Jaguar!

OK -- here's the way it goes. Pick out a lawyer. Ask someone you know to recommend someone if you don't know a lawyer. Or do an internet search. The initial consultation is free. You go in, tell the lawyer your story. He will give you an estimate of the cost and ask for a retainer. That amount varies depending on how much work he thinks the divorce is going to involve. In your case, it doesn't sound like it's going to be a whole lot, so your retainer shouldn't be too much. If you decide his retainer is fair and you like the vibes you get from him/her, then you will get a worksheet to take home and fill out. This is going to have all the information about you and your spouse that the lawyer needs, social security numbers, legal names, date of the marriage, debts, assets, and so on. You will make another appointment with the lawyer and when you go back to that appn't you should have the worksheet all filled out This is when the lawyer starts charging. As soon as he has the worksheet back with your signature, the lawyer will file the petition for divorce at the courthouse. In Texas there is a 60-day cooling off period, so your day in court will be approximately 60 days from the day that petition is filed. My lawyer told me it is rarely EXACTLY 60 days, but mine came very close at 66 days. Once the petition is filed your spouse will be served. Then you begin work on the settlement, who gets what, etc. Texas is, of course, a community property state, so everything is 50/50 including the debt. But this doesn't go for things you brought into the marriage or that he brought into it. Or anything you have or will inherit. Once a final settlement has been reached, the lawyer will have a Final Decree typed up which will state all the terms of the divorce. You will both sign this in the presence of a notary. Once that's done, all the hard part is basically over. Your attorney will notify you of your court date once the judge's docket has been set. You appear, and like someone else said here, it takes about 5 minutes. You have to appear if you are the petitioner. Your husband doesn't have to appear. Once he signs that Final Decree his part is done. The lawyer and you will stand in front of the judge, the lawyer will ask you about four questions, and the answer to all of them is "yes." It's things like is your name thus and so? Yes. Is your husband's name thus and so? Yes. You were married on such and such date, is this correct? Yes. The marriage has become insupportable because of irreconcilable differences, is this correct? Yes. The judge stamps the final decree and that's that.

My lawyer sent copies of everything to me in the mail as the process was going along, including any correspondence he had with my ex. I will get the certified FINAL DECREE 30 days after the court date. So you can't get married for 30 days after the court date - not that it was even in my mind to do that!!! Been there, done that!

Hope this helps. If you want to ask me anything else, feel free to send me a Private Message. I come on the Divorce Forum at least once a day, usually in the Life After Divorce forum.

Good luck! Cindy

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"To love oneself is the beginning of a lifelong romance"
- Oscar Wilde