Category Archives: Divorce Agreement

What to Say in Front of Judge to Get Divorced Texas

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If you have an attorney, that attorney will likely ask you questions that are as follows. If you have no attorney, sometimes the Judge will help you and ask you these questions, but the Judge is not required nor do they generally help you out.  Feel feel to print out the questions and use when you go to court.

  • Please state your full name?
  • You are currently married to [Name of Spouse]?
  • Prior to filing this action, were you a domiciliary of the State of Texas for at least six months?
  • Were you a resident of [Name of County] County for at least ninety days?
  • You and your spouse were married on or about [date of marriage]?
  • You ceased to live together as husband and wife on or about [date of separation]?
  • Has this marriage become insupportable because of a discord or conflict of personalities between you and your spouse that destroys the legitimate ends of the marriage relationship?
  • Is there any reasonable expectation of reconciliation?
  • (If applicable) You have [#] [child/children] born of this marriage who are not now emancipated?
  • Prior to coming to court today, had you ever been to court before to establish the parent child relationship between you, the children and your spouse?
  • These children own no property other than their personal effects? (clothes and/or electronics).
  • You and your spouse are not expecting a child at this time?
  • If asking for Joint managing conservatorship, some Judges ask or want to hear, if there has been any domestic violence in the last two years.
  • You have reach an agreement for visitation, health insurance, and child support?
  • Do you feel your agreement is in the best interest of the children?
  • Have you and your spouse reached an agreement with regard to the division of the marital estate, including division of assets and payment of debts?
  • Do you believe that the proposed agreement is a just and right division of the debts and property that was acquired during the marriage?
  • I am going to hand you a document entitled “Agreed Final Decree of Divorce” and asks you if you are familiar with that document?
  • Does that document contain the agreements we just discussed with regard to the division of assets and debts of the community estate?
  • Does that document contain the agreements with regard to the conservatorship, possession and support of your minor child?
  • Are you asking the court to approve the agreements in the form contained in the Agreed Final Decree of Divorce?
  • Are you asking the court to grant your divorce?
  • I am going to direct your attention to page [page number with spouse’s signature] of the “Agreed Final Decree of Divorce”.
  • Throughout the marriage, have you become familiar with your spouse’s signature?
  • Do you recognize the signature on page [#] to be that of your spouse?
  • You are asking your name to be changed to [requested new full name]?
  • Is this your [maiden/former] name?

 

  • You are not requesting this name change to avoid criminal prosecution or the threat of criminal prosecution, are you?
  • You are not requesting this name change to avoid creditors, are you?
  • You are not requesting this name change to commit fraud on any person or entity, are you?
  • You have never been convicted of a sex offense?

 

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com



What are the roles of Bunker Hill Village divorce lawyer in Divorces?

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Not all people become vengeful when their partners seek to divorce them. In fact, majority of people just want to go on with their lives and have as minimal contact with the legal practitioners as possible. A Bunker Hill Village Divorce Lawyer will therefore have minimal role, if any, in the legal proceedings of the divorce. Actually, he will be more of a paper pusher than a legal consultant. All he needs to do is ensure that all the paperwork is drafted properly and that it is duly signed and filed with the relevant authorities.

Uncontested divorces usually make good and rational decisions regarding the proceedings of the divorce. Among the major advantages of uncontested divorces is that parties to the proceedings will not spend a lot of money on the Bunker Hill Village divorce lawyer. This makes the divorce proceedings a relatively cheap affair. Another advantage is that the spouses will save a lot of time spent preparing for the court in their lawyers’ offices as well as the time spent in courts.

The divorce process is an emotionally and financially draining experience and as marriage partners you should avoid going to trial as much as you can. Out of court settlement is the best course of action. You do not get unnecessary publicity and you do not expose your kids to ridicule and bullying in school. Furthermore, the children will respect you more when you do not call each other names and always treat each other cordially. You can even become friends. Divorce does not mean that because you have fallen out of love you cannot become good friends. In fact, psychologists encourage civil tolerance of each other for a better upbringing of your children.

The following are the characteristics of an uncontested marriage.

Agreement to Divorce

In this case, both spouses sit down and agree that they should divorce. No partner coerces the other to get into divorce proceedings. Each partner gets into the proceedings out of their own volition.

Agreement on all Divorce Elements

In the course of the divorce proceedings, the parents must have accumulated some property as well as debts together. They should agree on how they will redistribute the debts and how they will share the wealth. Another thing they should agree on is children custody and visitation rights. It is important also to let the kids know that they are divorcing not because they hate each other but because their view of life has drifted apart to an irreconcilable level. Kids must always know that both parents love them.

Minimize Costs by Hiring one Attorney

By hiring the Bunker Hill Village divorce lawyer to handle all the paperwork jointly, the spouses will be saving a lot of money that goes to the different legal teams in contested divorces.

Duly Sign All Documentation

After all the paperwork is drafted by the lawyer, parties to uncontested divorce sign them without a lot of fuss. This ensures that the divorce is final within 60 days and saves both parties a lot of pain.

It is mature of the parties to a divorce to terminate their marriage without contesting. It is always better for the kids and their reputations. Family secrets remain intact and each of the spouses can hold their head high in public. There is no humiliation and name calling and the marriage terminates amicably.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Four Ways to Change your Life

Poor Reasons to Mediate Your Family Law Case

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Mediation is very popular as a method for settling divorce cases rather than going to trial and it has many proponents.  This is the selling point made by many attorneys who are lazy and inexperienced.  Poor Reasons to Mediate Your Family Law Case are given below.

1. Your family law Judge requires mediation,  but the judge requires it typically because that judge that is making you go to mediation is poor at calendaring and does not want to work.  Mediation is a tool that both lawyers and judges use to get the parties together and talk.  This is well enough, but the best time to negotiate is at the courthouse.  I would say about 30 seconds before you see the judge.  You may say, “What are you going to accomplish in 30 seconds,”  Look more at the psychological effect of being in the courtroom and the preparation required for trial as the starting point.  Most attorneys are friendly and talkative, but few try cases on a regular basis.  Many cannot even ask a question without drawing objection.  If your judge requires you to meditate, then go to a free service and attempt to impasse the case without pissing everyone off, so as to save your money for trial.

2.You retain control over the outcome, but do you?  When the mediator and your lawyer are trying their best to get you to settle and you really need to hear it from Judge, is your money best spend elsewhere?  Like for court time?  If you had a deal and could work things out, first you would not be getting a divorce, second, if you could take the excitement of the divorce, you would be able to discuss it with your spouse alone and hammer out the details.  You would not need two other professionals trying to convince you what Judge may do in your case.

3.Less costly than litigation

This is science fiction.  A efficient attorney can spend your dollars on preparation of the inventory and your proposed property division, along with your proposal for the children issues.  Mediation actually increases the costs of the lawsuit as you have to pay mediators fees and attorney fees for the mediation which can last from 4 hour to 8 hours.  A typically mediation costs the parties about $4,000.  This would be the mediators fee and the attorney time.  A good attorney will prepare for mediation such as they were going to trial, thus skip the mediation and save at least $2,000 to use for presentation to Judge.

4.Privacy concerns

Divorce proceedings, including the record of testimony presented during the trial, are public record. That means that every bit of dirty laundry aired about you or your spouse during trial is available for public consumption. What is said in mediation is confidential; only the parties, their attorneys and the mediator will know what was said.  But everyone knows you are getting divorced anyways.  Are you moving in the middle of the night?  Sometimes privacy issues are legitimate, I have had maybe 2 cases where the parties did not gossip.  Everyone has a family law issue.  Nowadays, most people do not care about your family law excitement because they have to deal with their own.  Focus more on your interpersonal relationships with friends and family that both you and your spouse during the marriage either visited, vacationed, or communicated with on a regular basis.  These people will already know what is going on.  As you attempt to move forward and dissolve your marriage, maintain these relationships and do not complain about your spouse.  Focus on the positive from the relationship and your desire to leave the marriage with peace.

5.Timetable

Courts are burdened with huge case loads and judges can only hear so many cases a day. You may be scheduled for trial on a certain date but there is no guarantee you will actually be heard that day. Mediation allows for all the parties to agree on a date that fits their schedule and is not dictated by a busy court’s schedule.  This is more science fiction.  Most of the time, you can call the court coordinator the day before trial and get a date certain when judge will give you time.  Mornings are always busy in family law courts.  Afternoons are usually free.  Most courts have a two week trial rotation and they will hear you within those two weeks, if not in the afternoon on your trial date.

For the reasons stated above, mediation  is something I only participate when I am required.  At my firm your dollars are spend to gain your results.  Results being Judge time or a deal with your spouse in a time certain.  Do not be sold on mediation as a tool that helps the parties reduce costs.  If anything, it increase costs.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for Divorce in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

 

Noncontested Divorce Houston Texas

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Noncontested Divorce Houston Texas is the quickest and the least expensive way to get divorced in Harris County, Texas. In this type of divorce both parties are able to remove the emotional side of divorce and treat the process as a business transaction without the need of extensive litigation.  This also means that both parties make full disclosure as to assets and liabilities.

To quality for an noncontested divorce both parties must be in agreement with all of the following terms: Agree to be divorced, Have a solid agreement on all issues  which includes Child custody, Visitation,  Child support, Division of community assets, Division of retirement funds, Voluntarily sign all legal documents without service on any party.  If you do not have a global agreement, then a Contested Divorce situation exists when one or more requirements listed above are absent. At the same time, an noncontested divorce can be finalized on the 61st day after filing the original petition for divorce. This time includes the required 60 day cooling off period required by the state of Texas. In most cases, the noncontested divorce process is completed at a fraction of the cost of a contested case. An noncontested case without children, real estate and retirement can be accomplished with our law firm for as little at $400.  We have the ability to file your case the same day.  Final documents are ready 5-7 days after the case is filed.  Please call me for your NONCONTESTED DIVORCE HOUSTON TEXAS

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for Noncontested Divorce in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

NONCONTESTED DIVORCE Houston TEXAS  also would be applicable to the following communities within the greater Houston, Texas Area: Houston, Katy, Sugarland, Pearland, Friendswood, Clear Lake and Galveston.  We also handle cases from The Woodlands, Spring and Tomball and cases in Baytown,  Channelview.Alvin, Baytown, Beasley, Bellaire, Brookshire, Channelview, Clear Lake, Clearlake, College Station, Conroe, Dayton, East Bernard, Fairfax, Friendswood, Fulshear, Galleria, Greatwood, Hockley, Houston, Humble, Jersey Village, Kingwood, League City, La Marque, Orchard, Magnolia, Meadows Place, Meyerland, Missouri City, Needville, Pasadena, Pecan Grove, Pearland, Richmond, River Oaks, Rosenberg, Sealy, Sharpstown, Shenandoah, Simonton, Southside Place, Spring, Spring Branch, Spring Valley, Stafford, Sweetwater, Tanglewood, Texas City, Tomball, West University, Valley Lodge

Uncontested Divorce Katy Texas

facebook cover 4.27.15Uncontested Divorce Katy Texas, uncontested or noncontested divorce in Katy, Texas.   There are two courts in Fort Bend County to 387th and the 328th.  I regularly practice in front of both judges on a weekly basis.  Too have it uncontested or waiver divorce the party’s must be in agreement as to the property division.   If you tell me you have no property I understand community property is all property earned  and acquired during the marriage.  Separate property is property that was owned prior to the marriage or received during the marriage by gift, device, or descent. Thus, any clothing, electronics, furniture, that you have purchased since you got married must be partitioned in Katy Texas uncontested divorce.  One has a cause of action after your divorce that for 2 years after your divorce a party may bring a lawsuit to divide undivided marital property.  With any children, they will need to be addressed as well if they are in Texas.  Texas may not have jurisdiction over children in other countries or other states and Texas would be  unable to Grant divorce rights and duties who makes educational decisions, who makes medical decisions, must be addressed in your final if the children reside in Texas. In addition child support is something Texas courts typically require unless you can show a disability or just cause not to pay or receive child support health insurance for the children must also be address.   Visitation between the custodial parent and the noncustodial parent is also part of the Texas final decree of divorce.   If all the terms have been talked about and everyone agrees,  then one court appearance to authenticate or to testify as to the date for the marriage and the separation in the agreements must be presented to a judge this saved typically takes 3 to 5 minutes in Fort Bend County Divorce Court what stretches your testimony to prove the divorce.   The divorce order becomes a final order after 30 days if you have children involved there’s always the right to modify the decree to  issue new child support or change the possession and access or appoint  you managing conservator.  A parenting class required is for being taken before you get divorce in Fort Bend County.   Please see my PDF on providers of the parenting class in Fort Bend County email so take an online class which is been approved in Fort Bend County.  www.busby-lee.com/pdf/parent_class.pdf

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for 280th Protective Order Court in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Restraining Order Sugarland Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

 

 

 

Divorce Costs Houston Texas

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Divorce Costs Houston Texas at the law firm of Busby & Associates Attorney and Counselors at Law, P.C can run from as little as $400 to tens of thousands of dollars.  What are the factors that determine the costs?  If you have  fight then attorney time can quickly run up your bill.  If you have a deal, Then there is one meeting with the attorney and paralegals handle most of the rest of the work until court.  At my firm, both myself and Adelina are in court almost everyday.  We see the judges rule and hear the courthouse gossip, we are up to speed on all aspects of family law at the Harris County family law center.  You can trust Mike and Adelina to keep you up to speed and protect your interest.  If you want efficiency but good service, you come to the right place.  I can have your divorce filed in 24 hours.  You will likely be divorce within 5 days of the 61st day which is the waiting period in Texas. If it is a fight, I can tell you within about 10 minutes after the case if filed the gossip on your judge.  What are the changes you will be heard on the day you are set?  Does the judge favor men or women?  How does the judge feel about drug use?  How about if you have cheated? Or you spouse has cheated?  Please see my video below for more information.

Divorce Costs, Busby & Associates Houston, Texas

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Agreement

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The contractual agreement for a uncontested divorce in Harris county allows you the client the following services:

1.  Final Decree of Divorce

2.  Waiver of Service

3. Bureau of vital statics form

4.  One court appearance

The contract is attached for those interested.  You can call into the office for a telephonic interview and I will advise if you meet the requirements to contract for an uncontested divorce

Employment Agreement-Divorce

 

Busby & Associates, Attorneys and Counselors at Law, P.C., 2909 Hillcroft Suite 350 Telephone (713) 974-1151 is employed to perform legal services in connection with the following matter a set forth below:

 

Uncontested Divorce entitles you to the following:

  1. Original Petition for Divorce, Bureau of Vital      Statistics document
  2. Waiver of Citation
  3. Final Decree of Divorce based on an agreement between      the parties
  4. One court appearance
  5. Power of Attorney for vehicle transfer, Child Support      and Medical Support Order

(if required )

  1. Special Warranty Deed ( if required)
  2. Deed of Trust to Secure Assumption (if required)

 

Uncontested Divorce for___________________________in ____________County.

Children and ages: ______________________________________________________________

Who gets primary custody ________________________________________________________

Child Support: Who pays and how much: _____________________starts___________________

 

House: Separate___ or Community___   Who gets and pays:____________________

 

Name Change: Yes__ No__ Maybe__

 

Other Property: Each keeps own ___________________________________________________

Debt: Each keeps own ___________________________________________________________

Publication: Where: _________Children/Property Publication Yes/No What County? _________

 

Client to review the original Waiver of Citation and Final Decree of Divorce and client will pick up the document from our office or firm will mail to client. Client will have his or her spouse sign and return the papers.  If your spouse will not sign the paperwork then there is an additional charge for having your spouse served.  If the case becomes contested, then firm will require client to pay an additional retainer of at least $1,500.00 within (7) days of case becoming contested and firm notifying client of such.

 

If the case become contested and the client wishes to continue the matter, the attorney fees will then be based on the rate of $175.00 for attorneys licensed less than three years and $250.00 per hour for all other attorneys and the legal assistant/ paralegal time will be based on the rate of $95.00 per hour for the paralegal and $65.00 per hour for the legal assistant.  Additionally, costs for photocopies and facsimile transmissions will be based on the rate of 20 cents per page and a parking fee of $5.00 will be charged for every trip to the courthouse. Trip Charges to the court house are billed at .55 per mile one way. If the case becomes contested and the client wishes to continue the matter, it is the client’s responsibility to contact the attorney to schedule an appointment to discuss the furtherance of the case and the increase in attorney fees.

 

Flat Fee for Uncontested Divorce: Total fees are projected at $ __________________ for an uncontested divorce/matter (this retainer is subject to upward revision depending on difficulties encountered such as if the case becomes contested or additional work is necessary).  This flat fee includes one court appearance.  All fees are considered earned when received and thus NONREFUNDABLE.  It is understood that whenever the flat fee becomes insufficient to cover the services and client expenses anticipated,a request for additional advance fees will be requested of the client based on our hourly fee and time expected to complete the case.  This fee does not include preparing a Qualified Domestics Relations Order if a retirement plan is being divided between the parties.  Any excessive telephone calls or changes to the paperwork will be subject to additional fees.

 

 

THERE WILL BE A FEE OF $25.00 CHARGED TO CLIENT FOR ALL RETURNED CHECKS FOR INSUFFICIENT FUNDS OR A CLOSED ACCOUNT.  THIS FEE ALONG WITH THE AMOUNT OF THE CHECK MUST BE PAID WITHIN 7 DAYS OF FIRM NOTIFYING CLIENT OF SUCH.  IF PAYMENT IS NOT MADE, THE ATTORNEY WILL WITHDRAW AS COUNSEL.

 

My attorney may, at his option, withdraw from the case if client does not pay any fees requested.  My attorney is authorized to withdraw from this matter if prompt payment is not made in advance of the service to be performed.  My attorney may withdraw as my counsel if the case becomes contested or my spouse refuses to sign the Waiver of Citation and Final Decree of Divorce.

 

Notice of Dismissal/Trial Setting: Depending on which court the case gets assigned to, if the case extends beyond approximately 4 months after my case is filed, the court will file a Motion to Dismiss/Trial Date/Notice of Scheduling Order in my case.  If the client receives a Motion to Dismiss/Trial Date/Notice of Scheduling Order, it is the client’s responsibility to respond as follows:

 

1)      Pay any outstanding fees to attorney, so that attorney can complete the work/documents for client’s spouse to sign.

2)      Return the signed, notarize Waiver of Citation and sign Final Decree of Divorce to my attorney prior to the hearing date

3)      Schedule a hearing date to get your matter finalized.

4)      Schedule an appointment with my attorney/legal assistant to discuss the furtherance of my case and to discuss the service of citation on your spouse and to discuss the increased attorney fees, or

5)      Do nothing.  If the client fails to do either above, then the attorney is not required to respond to the Motion to Dismiss/Trial Date/Notice of Scheduling Order.  If the client does nothing, it will then be determined the client desires the case to dismiss.

 

Should the client desire to retain a different attorney, Attorney, at his sole option, may sign a Motion to Substitute Counsel once it is received and will assist any new attorney with information regarding the client’s case.

 

If the case is not proved up at least 30 days prior to any Trial/Dismissal Setting, there will be an additional $250.00 flat fee charge to prove up the divorce, up until the day before the Trial/Dismissal setting.

 

If the divorce has to be proved up at the Trial/Dismissal setting, there will be an additional $250.00 charge (in addition to the $250.00 charge mentioned in the preceding sentence) that will have to be pre-paid by client.

 

Final DocumentsWithin after your petition is filed with the Court, the final documents will be drafted and completed approximately 5 business days.  Please allow attorney sufficient time to review the final documents in order to avoid any future complications or enforcement issues.  Once final documents have been fully reviewed by an attorney, the documents will either be mailed to you, emailed to you, or you may choose to come by the main office to pick up your documents.  Please be advised that our firm does not represent your spouse in this case therefore we owe no legal duty to that spouse.  In order to benefit from a fixed fee arrangement, you are fully responsible to take the final documents to your spouse and to get his or her signature.  Should your spouse fail to sign or refus to sign the final documents within (14) days from the date you received your final documents, service of process must be made on your spouse so that your case may be finalized without his or her signature.  Should your case not be finalized within 90 days of the file date due to documents not having been signed or returned to the firm, then you will incur a monthly maintenance fee of $50 for which any balance would need to have been paid in full prior to the divorce finalization.

 

Representations: Attorney cannot warrant or guarantee the outcome of the case or how long it will take for your divorce to finalize.  Client understands that in many cases, hearings may be reset due to conflicts in the attorney’s schedule or the court’s schedule.

 

Medical Insurance: There is a medical insurance plan for children provided through the Texas Attorney General’s Office and if you qualify you can obtain medical insurance for your children at a lower cost through CHIP (Children’s Health Insurance Program of Texas) by calling toll free (877) KIDS-NOW or 877-543-7669 or by applying online at www.chipmedicaid.com.

It is public policy that if the child(ren) are on CHIPS or MEDICAID, the Court requires that one spouse maintain insurance coverage for the child(ren) while the other spouse reimburses the State for insurance coverage in the amount of $50.00 or higher.

 

Required Parenting Class: If your divorce involves minor children it is required that each parent attends one of the following parent education classes before the divorce can be granted: Children Cope 713-952-2673, Families and Divorce 713-942-9500 or Family Education Institute 713-688-9122.  If your divorce hearing has to be reset due to non-attendance of the parenting class then there is an additional $250 fee to reset your divorce hearing for another day.  If your spouse does not take the class the Judge may order your spouse to take the class or could even dismiss your divorce case.  If your spouse refuses to take the class; client needs to schedule an appointment with attorney to discuss serving their spouse with citation.

 

Child Support, Retroactive Child Support: If child support is going to be an issue in your case you must immediately provide the attorney with copies of 1) the last three month’s pay check stubs for the party obligated to pay child support; and 2) the previous year income tax return for the party obligated to pay child support.  If retroactive child support is going to be an issue, you must provide proof of income for all years in question for the person obligated to pay child support.  Child support must be paid by the person owing child support from the date of separation.

 

Employer’s Wage Order: An Employer’s Order of Withholding will also be filed by our office. A $15.00 fee must be paid to the district clerk in order for the wage order to be sent to the employer. It is your responsibility to make this payment and fill out the Notice to Employer. The form and the payment must be given to the clerk in the basement of the FamilyLawCenter at Family Law Intake in order for the notice to be sent to the employer.

 

Request for No Child Support Order: It is public policy of the State of Texas, that when parents do not support their children, taxpayer end up supporting the children.  Should you request no child support, yet your child is on Medicaid, Food Stamps, WIC, and/or Public Housing, the Court will almost always deny your request.  Typically, the Courts will not require child support if the parents are minors, one parent is disabled, and/or if one parent is in a foreign country.  If you insist that you either do not want to pay or do not want to receive child support, based on your facts if the attorney is certain the Judge will not approve, then our firm charges $1,000 to present your request to the Judge.  This fee does not include third party ad-litem or amicus attorney fees.  THERE IS NO GUARANTEE THAT YOUR REQUEST WILL BE APPROVED AND THE FEES ARE NON-REFUNDABLE.

 

Publication DivorceIf you cannot locate your spouse and/or there are children involved, the Harris County Family Law Courts will appoint an Attorney Ad Litem to represent your spouse’s and/or children’s interests or try to locate your spouse.  Any fees charged by the Attorney Ad Litem appointed to your case are separate from the retainer paid to Busby & Associates, Attorneys and Counselors at Law, P.C. Before your case can be filed you must make an appointment to review and sign a Petitioner’s Supporting Affidavit stating that you have used due diligence in trying to locate your spouse.

 

Attorney General OrderClient must provide a copy of the Order in Suit Affecting the Parent Child Relationship so that your divorce can be completed.  You may obtain a copy from the District Clerk’s office for a fee. Before your case can be completed the Attorney General must sign off on the decree.  This may cause a delay in getting your divorce finalized.

 

Deeds:  Special Warranty Deeds or any deeds prepared must be filed by client with the CountyClerk’s office in the County where the property is located.  Client must pay the filing fees that are required.

 

Qualified Domestic Relations Order (QDRO):  In cases involving the division of a retirement plan, military pension, 401K, Keogh plan, Employee Stock option plan, disability plan or other benefits existing by reasons of the spouse’s past, present, or future employment, Federal Law designate the administrator  of the retirement plan to determine the qualifications of a QDRO and its value.  An additionally fee of at least $400.00 must be paid to the plan administrator so that a QDRO may be presented to the Court for approval and division of the plan benefits at the time when the divorce case is set for finalization.

 

Cooperation of Client:  I will work with the legal assistant and any attorney assigned to my case and I promise to be polite and courteous at all times.  Any failure to do so is cause for this firm to withdraw from the case with no refunds.  Client understands that my attorney handles a large volume of cases.  I have requested an affordable and discounted attorney fee and understand that the more time that is spent on my case then my attorney fees will increase.  If I am unable to reach someone by telephone promptly, I will fax or mail any questions to my attorney or I will make an appointment to come into the office to discuss my case.  I will also advise my attorney of any change of address or telephone numbers immediately.  I will provide the proper legal description and Grantor and Grantee names of real property to be transferred and year, make, model and vehicle identification numbers on any vehicles to be transferred.

 

Attendance at Court HearingYou must attend a hearing to get a divorce.  You need to call our office to set a hearing date but it must be after sixty days from when your case was filed.  You must be in court no later than 8:00 a.m. on the day of the hearing.

 

Divorce cases filed in HarrisCounty are heard at The Family Law Center, 1115   Congress Avenue at San Jacinto Street in downtown Houston, Texas77002 or on the 15th Floor of the Harris County Civil Courthouse located at 201 Caroline St., Houston, Texas22002.  Divorce cases filed in FortBendCounty are heard at the courthouse located at 401 Jackson, Richmond, Texas77469.  Please confirm with a member of our staff where you will finalize your divorce for the particular county in which we have filed your divorce.  Allow time for parking and finding the court.

 

If you fail to attend court on time, your case may be reset to another day however there is an additional $250 fee to reset the case.   It is your responsibility to notify the attorney at least (2) days in advance if you cannot attend the given court date in order for the reset fee to be waived.

 

Notice to Clients:  The State Bar of Texas investigates and prosecutes professional misconduct committed by Texas attorneys.  Although not every complaint against or dispute with a lawyer involves professional misconduct, the State Bar’s Office of Chief Disciplinary Counsel will provide you with information about how to file a complaint.  Please call 1-800-932-1900 for more information.

 

Do not make remarriage plans.  There is no guarantee that your divorce will be granted by a certain date.  In the event that you intend to get remarried within one year of the date of this Agreement you are advised to reschedule the date of remarriage after the point in time that you have obtained a certified copy of final divorce decree.  A certified copy of your decree can be obtained from the District Clerk’s office of the County in which your case is filed.  State law requires a thirty-day waiting period to get remarried after the divorce is granted.

 

Copy of Final Decree/Filing of Deeds:  You may obtain a copy of your Final Decree of Divorce from the District Clerk’s office in the county of your divorce.  Prices for certified copies will vary.  You will need to provide the case number, court number, and style of the case.  In takes approximately 30 days after a decree is signed before you can get a certified copy of the decree.

 

Payment Terms: __________________________________________________TO FILE THEN

 

DIVORCE THEN ______________________________________________________________

within __ days to complete the Waiver, Final Decree of Divorce and attend the divorce hearing.

 

PAYMENT DATES (Post-dated checks required) Iagree to the payments schedule below.  I can make payments before the scheduled dates.  If I am unable to make a scheduled payment I will contact the Accounting Manager to re-schedule a payment. Re-scheduling of payment, payments that are declined, or failure to make payments as agreed will result in a financing charge of $25 per event.  Attorney will not deposit post- dated checks in the bank before the date on the check.  Client to pay $ _________ on the following dates:

 

 

CREDIT/DEBIT CARDS:  Client authorizes attorney to charge/debit my Visa/Mastercard/Discover card on for the amount and on the dates noted above.

Name of cardholder___________________________    (circle one)   MC     Visa     Discover

Number: ________________________________ Date of expiration_______________________

 

Disclosure on Referral Services: When you are referred by an attorney or referral program a portion of the attorney’s fee is remitted back to the referral source.

 

Alternative Dispute Resolution: In the event that the parties to this agreement have a dispute over the terms or the application of the terms of this agreement, including payment or performance hereunder, as a condition precedent to filing or pursuing any legal remedy, including suit in a court, the parties agree to participate in good faith in non-binding mediation at the Better Business Bureau of Metropolitan Houston, Inc. conducted by a neutral third-party mediator qualified to perform mediation services in the State of Texas.  If the parties are unable to resolve the dispute through mediation, the parties further agree to submit, in lieu of filing or pursuing any legal remedy, including suit in a court to participate in binding arbitration conducted by and under the Better Business Bureau Arbitration Rules by a neutral third-party arbitrator qualified to perform arbitration in the State of Texas.

 

 

Signed_______________________________________Date__________Staff Member________

 

Client to provide Vehicle Transfer Information Sheet:__ Client to provide Real Estate Transfer Information Sheet:__ Client to provide Retirement Plan (401K) Plan Statement for date of the marriage and a current Plan Statement.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for uncontested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

El divorcio Mutuo Houston Texas

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El divorcio Houston Tejas de Mutuo es comenzado archivando una petición para el divorcio. Usted debe pagar al vendedor un honorario de limadura de $232 a $262 para publicar un número de la causa. Esto sería archivada en la oficina del vendedor del districto en el 2do piso Houston, Tejas de 201 Caroline. Usted ha solicitado para la disolución de su unión. Esto es un pleito. Los medios de Houston Tejas del divorcio de Mutuo usted tiene un reparto en todo. Ningún juez o jurado decidirá quién consigue lo que o publica con los niños. Mucha gente me dice que que ella tenga mutuo el divorcio Houston Tejas y la única discusión es donde están los niños que van a residir. Llamar esto está “solamente” y pensar que éste sería algo hacer en “barato,” no es posible. Todos los términos deben ser convenidos en. Una vez que se archive la caja usted tiene que esperar por lo menos 60 días antes de que usted puede terminar el divorcio. Terminar el divorcio significa que un cuerpo vivo va a cortejar y que da testimonio en cuanto a las fechas de la unión, las fechas de la separación, los acuerdos para la división de la característica, y las ediciones de los niños. Esto toma cerca de 3 minutos. Los documentos necesitados para divorciar en el divorcio Houston Tejas de Houston Tejas Mutuo requieren un decreto final y una renuncia del servicio. Si usted no tiene ningún niño y ninguna característica, no se requiere ningunos otros documentos. La renuncia se debe firmar por el esposo delante de un notario después de que se archive el divorcio. Si se firma la renuncia antes de que se archive la causa, no es ningún bueno. El decreto final dividirá la característica y divorciará los partidos. Si usted tiene niños, después usted necesitará tratar todas las aplicaciones la ayuda de niño, las derechas y los deberes, y conservatorship. Si el niño no reside en Tejas, o usted tiene una orden de otra jurisdicción es decir, orden de la ayuda de niño, usted no puede necesitar tratar la ayuda de niño o ediciones de la custodia del niño. Las formas necesitaron cuando son los niños van a ser dirigidos: Emprenda la orden, orden de la ayuda médica, forma del foco del condado de Harris, y en la 245a corte de districto una forma del código 105 de la familia de Tejas. También, la 247a corte de districto requiere una clase parenting que ambos padres deban tomar. Si se conviene su divorcio, usted puede inmóvil conseguir divorciado en el 247o si su esposo no ha tomado la clase y el decreto final indica que su esposo no conseguirá ningún visitation con los niños hasta que se toma la clase y el certificado de la atención se archiva con la corte. La renuncia y el decreto final todavía necesitarían ser firmados por su testimonio de la sala de tribunal del esposo que el solicitante aparecería ante el tribunal y que authenticaría los documentos y la unión. Todas las cortes oyen mutuo el divorcio Houston Tejas por la mañana temprana. El palacio de justicia se abre en 8 mañanas. y el comienzo de las cortes entre 8:30 mañana. y 9 mañanas. el oír mutuo el divorcio Houston Tejas. Hay 9 cortes de districto de la ley de la familia y 1 corte doméstica de la violencia en el condado de Harris, Tejas. Lo más mejor posible para llamarle la corte sea en el día antes de que usted desee “pruebe para arriba,” su divorcio. Algunas de las cortes no tomarán su papeleo después de cierto rato por la mañana. Algunos le tomarán en cualquier momento, pero la espera puede ser más larga. Las preguntas hechas durante el probar para arriba del mutuo el divorcio Houston Tejas son: las fechas de la unión, las fechas de la separación, nombre completo de su esposo, le tienen vivieron en Tejas y el condado de Harris para los seis meses pasados, usted tiene reparto para usted característica y los niños, la esposa no son embarazados ahora, si la esposa desea a su maiden restaurado, entonces ella no están haciendo esto para evitar acreedores ni el procesamiento criminal. ¿Cuándo es el divorcio Houston Tejas de Mutuo final? Apenas porque usted aparece ante el tribunal no significa le hacen. Tejas tiene una ventana de 30 días para la cual el divorcio sin mucha dificultad podría ser puesto a un lado. Para la mayor parte, después de esta ventana de 30 días, le divorcian. Sin embargo, si el fraude podría ser demostrado, por ejemplo la renuncia no estaba la firma de su esposo, después el divorcio se podría poner a un lado bastante mucho en cualquier momento.

Acerca del Autor

Michael Busby Jr. es un divorcio y el abogado de derecho de familia que ejerce en el condado de Harris en Texas y en los condados que rodean el Condado de Harris. Ha sido en la práctica desde hace más de 10 años y ha tratado más de 100 casos. Está familiarizado con la política y los procedimientos de los tribunales de divorcio de Houston Texas. Nuestra oficina está abierta hasta las 8:30 pm los miércoles y los sábados de 9 am a 1 pm para gente que trabaja. Por favor llame a su derecho de familia o por cuestiones de divorcio para impugnada divorcio Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visita mi sitio web en http://www.busby-lee.com/espanol/divorcio-y-derecho-de-familia-en-houston.html

 

FORT BEND TEXAS DIVORCE COURTS

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This article does not address the Title IV courts in Fort Bend only the divorce courts. There are two divorces courts in Fort Bend County.  Both courts require mediation before a temporary orders hearing involving child custody.  The 387th typically calls docket at 9 a.m. and the cases are bifurcated between the judges based on even or odd numbers.  You have one presiding judge and one associate judge.  The 328th calls docket at 8:30 a.m. and the associate judge sits in during docket and is assigned cases by the presiding judge who then takes the cases over to his courtroom.  Both courts require you to sign up in the 1st floor with your filings on the day of a prove up of an uncontested divorce.  The 328th requires you to sign up before 8:15 a.m.  Do not be late.  Both courts require a parenting class before you can complete a divorce with children, but many times do not enforce this requirement.  Cases once filed in the Fort Bend County Divorce Courts are not brought to trial unless you motion the court.  The court will set cases for dismissal for failure to prosecute after about 2 years if you do not seek a trial setting. Contact information for the court is listed below.

Available on the web Here

328th Judicial District:  (281) 341-4406

Honorable Ronald R. Pope, Judge

Courtroom: 3C

Judge and Support Staff are:

Ronald R. Pope (Judge), Sue Anne Pitcock (Court Coordinator), Roger Thomson (Bailiff), Sylvia Thompson (Court Reporter), Rudy Parisi (Bailiff), and Walter Armatys (Associate Judge)

Address: 1422 Eugene Heimann Circle

Richmond, TX 77469

Mailing Address: 301 Jackson Street

Richmond, TX 77469

 

387th Judicial District:  (281) 238-3290

Honorable Robert J. Kern, Judge

Courtroom: 3H

 

Address: 1422 Eugene Heimann Circle
Richmond, TX 77469

Mailing Address: 301 Jackson Street
Richmond, TX 77469

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Fort Bend, Texas and the counties that surround Fort Bend County. He has been in practice for over 14 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Fort Bend Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

 

 

 

 

 

 

Uncontested Divorce Houston No Children

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Uncontested Divorce Houston No Children requires a simple final decree of divorce.  If you are not an attorney, then the time it takes to prepare the documents could be a chore.  My firm has dissolved over 2,000 unhappy marriages.  While the ending of the relationship is something to be mourned, it does mean a fresh start for the parties.  The form is standard which changes are made based on your facts.  Please review the form below and call me for your Uncontested Divorce Houston No Children.

 

NO. _________

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

_________   JUDICIAL DISTRICT
AND

§

§

HARRIS   COUNTY, TEXAS

 

                                        AGREED FINAL DECREE OF DIVORCE

 

On ___________________________ the Court heard this case.

Appearances

Petitioner, appeared in person and through attorney of record, Michael G. Busby, Jr., and announced ready for trial.

Respondent, waived issuance and service of citation by waiver duly filed and did not otherwise appear.

Record

The making of a record of testimony was waived by the parties with the consent of the Court.

Jurisdiction and Domicile

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law.  The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.

The Court further finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period.  All persons entitled to citation were properly cited.

Jury

A jury was waived, and questions of fact and of law were submitted to the Court.

Divorce

IT IS ORDERED AND DECREED that, Petitioner, and, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.

Child of the Marriage

The Court finds that there is no child of the marriage of Petitioner and Respondent and that none is expected.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party.

Property to Husband

IT IS ORDERED AND DECREED that the husband,_______________, is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property:

H-1.     All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-2.     All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.

H-3.     All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the husband’s past, present, or future employment.

H-4.     All individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the husband’s name.

Property to Wife

IT IS ORDERED AND DECREED that the wife, _______________, is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:

W-1.    All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.

W-2.    All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.

W-3.    The sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other benefits existing by reason of the wife’s past, present, or future employment.

W-4.    The individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the wife’s name.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husband,_______________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:

H-1.     All debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after January 1, 2004 unless express provision is made in this decree to the contrary.

H-2.     All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to the husband in this decree unless express provision is made in this decree to the contrary.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, _______________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:

W-1.    All debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after January 1, 2004 unless express provision is made in this decree to the contrary.

W-2.    All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property awarded to the wife in this decree unless express provision is made in this decree to the contrary.

Muniment of Title

IT IS ORDERED AND DECREED that this decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.

Notice

IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

Attorney’s Fees

To effect an equitable division of the estate of the parties and as a part of the division, each party shall be responsible for his or her own attorney’s fees, expenses, and costs incurred as a result of legal representation in this case.

IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties’ estate.

Court Costs

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

Discharge from Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

Decree Acknowledgment

Petitioner,_______________, and Respondent, _______________, each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and fully understand that the contents of this Final Decree of Divorce constitute a full and complete resolution of this case.  Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree of Divorce.

Indemnification

Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree.  Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney’s fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.

IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates.

The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.

Clarifying Orders

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied.  This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue.  This judgment finally disposes of all claims and all parties and is appealable.

Date of Judgment

SIGNED on                                                               .

 

 

                                                                                   

JUDGE PRESIDING

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Houston No Children also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

Uncontested Divorce Houston Texas with Children

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Uncontested Divorce Houston Texas Children requires a form final decree that is the  parties agreement.  This standard form can be adjusted based on your facts.  The form used below is a template that could be used on most divorces with children with minor changes to reflect the facts of your case.

                                                                           NO.

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

§

____________   JUDICIAL DISTRICT

§

§

§

 

§

§

HARRIS   COUNTY, TEXAS

 

                                        AGREED FINAL DECREE OF DIVORCE

 

On _______________________________ the Court heard this case.

Appearances

Petitioner, , appeared in person and through attorney of record, Michael G. Busby, Jr. and announced ready for trial.

Respondent,  waived issuance and service of citation by waiver duly filed but agreed to the terms of this decree as indicated by her signature appearing below.

Record

The making of a record of testimony was waived by the parties with the consent of the Court.

Jurisdiction and Domicile

The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law.  The Court, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least sixty days have elapsed since the date the suit was filed.  The Court finds that, at the time this suit was filed, Petitioner had been a domiciliary of Texas for the preceding six-month period and a resident of the county in which this suit was filed for the preceding ninety-day period.  All persons entitled to citation were properly cited.

Jury

A jury was waived, and questions of fact and of law were submitted to the Court.

Divorce

IT IS ORDERED AND DECREED that _______________________, Petitioner, and _______________________, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability.

Child of the Marriage

The Court finds that Petitioner and Respondent are the parents of the following child:

Name:

Sex:     Male

Birth date:

Home state:

Social Security number:          ______________________

Driver’s license number and issuing state:      N/A

The Court finds no other children of the marriage are expected.

Parenting Plan

The Court finds that the provisions in this decree relating to the rights and duties of the parties with relation to the child, possession of and access to the child, child support, and optimizing the development of a close and continuing relationship between each party and the child constitute the parties’ agreed parenting plan .

Conservatorship

The Court, having considered the circumstances of the parents and of the child, finds that the following orders are in the best interest of the child.

IT IS ORDERED that _______________________and _______________________are appointed Joint Managing Conservators of the following child:  _______________________.

IT IS ORDERED that, at all times, _________________, as a parent joint managing conservator, shall have the following rights:

1.         the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

 

2.         the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

 

3.         the right of access to medical, dental, psychological, and educational records of the child;

 

4.         the right to consult with a physician, dentist, or psychologist of the child;

 

5.         the right to consult with school officials concerning the child’s welfare and educational status, including school activities;

 

6.         the right to attend school activities;

 

7.         the right to be designated on the child’s records as a person to be notified in case of an emergency;

 

8.         the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and

 

9.         the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

 

IT IS ORDERED that, at all times, _______________________, as a parent joint managing conservator, shall have the following rights:

1.         the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

 

2.         the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

 

3.         the right of access to medical, dental, psychological, and educational records of the child;

 

4.         the right to consult with a physician, dentist, or psychologist of the child;

 

5.         the right to consult with school officials concerning the child’s welfare and educational status, including school activities;

 

6.         the right to attend school activities;

 

7.         the right to be designated on the child’s records as a person to be notified in case of an emergency;

 

8.         the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and

 

9.         the right to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

 

IT IS ORDERED that, at all times, _______________________and _______________________, as parent joint managing conservators, shall each have the following duties:

1.         the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and

 

2.         the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter.  IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate.  IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged.  WARNING:  A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.

 

IT IS ORDERED that, during her periods of possession, _______________________, as parent joint managing conservator, shall have the following rights and duties:

1.         the duty of care, control, protection, and reasonable discipline of the child;

 

2.         the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

 

3.         the right to consent for the child to medical and dental care not involving an invasive procedure; and

 

4.         the right to direct the moral and religious training of the child.

 

IT IS ORDERED that, during his periods of possession, _______________________, as parent joint managing conservator, shall have the following rights and duties:

1.         the duty of care, control, protection, and reasonable discipline of the child;

 

2.         the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

 

3.         the right to consent for the child to medical and dental care not involving an invasive procedure; and

 

4.         the right to direct the moral and religious training of the child.

 

IT IS ORDERED that _______________________, as a parent joint managing conservator, shall have the following rights and duties:

1.         the exclusive right to designate the primary residence of the child within San Diego County, California and surrounding contiguous counties.

2.         the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;

 

3.         the independent right to consent to psychiatric and psychological treatment of the child;

 

4.         the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

 

5.         the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

 

6.         the independent right to consent to marriage and to enlistment in the armed forces of the United States;

 

7.         the independent right to make decisions concerning the child’s education;

 

8.         except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;

 

9.         except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government; and

 

10.       the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent.

 

IT IS ORDERED that _______________________, as a parent joint managing conservator, shall have the following rights and duties:

1.         the independent right to consent to medical, dental, and surgical treatment involving invasive procedures;

 

2.         the independent right to consent to psychiatric and psychological treatment of the child;

 

3.         the independent right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

 

4.         the independent right to consent to marriage and to enlistment in the armed forces of the United States;

 

5.         the independent right to make decisions concerning the child’s education;

 

6.         except as provided by section 264.0111 of the Texas Family Code, the independent right to the services and earnings of the child;

 

7.         except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the independent right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government; and

 

8.         the independent duty to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parents.

 

The Court finds that, in accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage.  The parties agree and IT IS ORDERED that the primary residence of the child shall be San Diego, California and the parties shall not remove the child from San Diego County, California for the purpose of changing the primary residence of the child until modified by further order of the court of continuing jurisdiction or by written agreement signed by the parties and filed with the court.

 

 

Possession and Access

1.         Standard Possession Order

The Court finds that the following provisions of this Standard Possession Order are intended to and do comply with the requirements of Texas Family Code sections 153.311 through 153.317.  IT IS ORDERED that each conservator shall comply with all terms and conditions of this Standard Possession Order.  IT IS ORDERED that this Standard Possession Order is effective immediately and applies to all periods of possession occurring on and after the date the Court signs this Standard Possession Order.  IT IS, THEREFORE, ORDERED:

 

(a)        Definitions

 

1.         In this Standard Possession Order “school” means the primary or secondary school in which the child is enrolled or, if the child is not enrolled in a primary or secondary school, the public school district in which the child primarily resides.

 

2.         In this Standard Possession Order “child” includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

 

(b)        Mutual Agreement or Specified Terms for Possession

 

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

 

(c)        Parents Who Reside 100 Miles or Less Apart

 

Except as otherwise explicitly provided in this Standard Possession Order, when _______________________resides 100 miles or less from the primary residence of the child, _______________________shall have the right to possession of the child as follows:

 

1.         Weekends –

 

On weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

 

On weekends that do not occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

 

2.         Weekend Possession Extended by a Holiday – Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

 

3.         Thursdays – On Thursday of each week during the regular school term, beginning at 6:00 p.m. and ending at 8:00 p.m.

 

4.         Spring Break in Even-Numbered Years – In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

 

5.         Extended Summer Possession by _______________________-

 

With Written Notice by April 1 – If _______________________gives _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m on each applicable day, as specified in the written notice.  These periods of possession shall begin and end at 6:00 p.m.

 

Without Written Notice by April 1 – If _______________________does not give _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

 

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for _______________________, it is explicitly ORDERED that _______________________shall have a superior right of possession of the child as follows:

 

1.         Spring Break in Odd-Numbered Years – In odd-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

 

2.         Summer Weekend Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by _______________________in that year, provided that _______________________picks up the child from _______________________and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.

 

3.         Extended Summer Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year or gives _______________________fourteen days’ written notice on or after April 16 of a year, _______________________may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by _______________________shall not take place in that year, provided that the weekend so designated does not interfere with _______________________’s period or periods of extended summer possession or with Father’s Day Weekend.

 

(d)       Parents Who Reside More Than 100 Miles Apart

 

Except as otherwise explicitly provided in this Standard Possession Order, when _______________________resides more than 100 miles from the residence of the child, _______________________shall have the right to possession of the child as follows:

 

1.         Weekends – Unless _______________________elects the alternative period of weekend possession described in the next paragraph, _______________________shall have the right to possession of the child on weekends that occur during the regular school term, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday, and on weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.  Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled,  or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.

 

Alternate Weekend Possession – In lieu of the weekend possession described in the foregoing paragraph, _______________________shall have the right to possession of the child not more than one weekend per month of _______________________’s choice beginning at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the day before school resumes after the weekend.  Except as otherwise explicitly provided in this Standard Possession Order, if such a weekend period of possession by _______________________begins on a Friday that is a student holiday or teacher in-service day during the regular school term, as determined by the school in which the child is enrolled, or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday, student holiday or teacher in-service day or end at 6:00 p.m. on that Monday holiday, student holiday or teacher in-service day, as applicable.  _______________________may elect an option for this alternative period of weekend possession by giving written notice to _______________________within ninety days after the parties begin to reside more than 100 miles apart.  If _______________________makes this election, _______________________shall give _______________________fourteen days’ written or telephonic notice preceding a designated weekend.  The weekends chosen shall not conflict with the provisions regarding Christmas, Thanksgiving, the child’s birthday, and Mother’s Day Weekend below.

 

2.         Spring Break in All Years – Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation.

 

3.         Extended Summer Possession by _______________________-

 

With Written Notice by April 1 – If _______________________gives _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for forty-two days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, as specified in the written notice.  These periods of possession shall begin and end at 6:00 p.m.

 

Without Written Notice by April 1 – If _______________________does not give _______________________written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, _______________________shall have possession of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending at 6:00 p.m. on July 27 of that year.

 

Notwithstanding the weekend periods of possession ORDERED for _______________________, it is explicitly ORDERED that _______________________shall have a superior right of possession of the child as follows:

 

1.         Summer Weekend Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of possession by _______________________during _______________________’s extended summer possession in that year, provided that if a period of possession by _______________________in that year exceeds thirty days, _______________________may have possession of the child under the terms of this provision on any two nonconsecutive weekends during that period and provided that _______________________picks up the child from _______________________and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.

 

2.         Extended Summer Possession by _______________________- If _______________________gives _______________________written notice by April 15 of a year, _______________________may designate twenty-one days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, with each period of possession beginning and ending at 6:00 p.m. on each applicable day, during which _______________________shall not have possession of the child, provided that the period or periods so designated do not interfere with _______________________’s period or periods of extended summer possession or with Father’s Day Weekend.

 

(e)        Holidays Unaffected by Distance

 

Notwithstanding the weekend and Thursday periods of possession of _______________________, _______________________and _______________________shall have the right to possession of the child as follows:

 

1.         Christmas Holidays in Even-Numbered Years – In even-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and _______________________shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

 

2.         Christmas Holidays in Odd-Numbered Years – In odd-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and _______________________shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 p.m. on the day before school resumes after that Christmas school vacation.

 

3.         Thanksgiving in Odd-Numbered Years – In odd-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

 

4.         Thanksgiving in Even-Numbered Years – In even-numbered years, _______________________shall have the right to possession of the child beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving.

 

5.         Child’s Birthday – If a parent is not otherwise entitled under this Standard Possession Order to present possession of the child on the child’s birthday, that parent shall have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provided that that parent picks up the child from the other parent’s residence and returns the child to that same place.

 

6.         Father’s Day Weekend – _______________________shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if _______________________is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from _______________________’s residence and return the child to that same place.

 

7.         Mother’s Day Weekend – _______________________shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother’s Day and ending at 6:00 p.m. on Mother’s Day, provided that if _______________________is not otherwise entitled under this Standard Possession Order to present possession of the child, she shall pick up the child from _______________________’s residence and return the child to that same place.

 

(f)        Undesignated Periods of Possession

 

_______________________shall have the right of possession of the child at all other times not specifically designated in this Standard Possession Order for _______________________.

 

(g)        General Terms and Conditions

 

Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

 

1.         Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________at the beginning of each period of _______________________’s possession at the residence of _______________________.

 

2.         Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________at the residence of _______________________at the end of each period of possession.

 

3.         Surrender of Child by _______________________- _______________________is ORDERED to surrender the child to _______________________, if the child is in _______________________’s possession or subject to _______________________’s control, at the beginning of each period of _______________________’s exclusive periods of possession, at the place designated in this Standard Possession Order.

 

4.         Return of Child by _______________________- _______________________is ORDERED to return the child to _______________________, if _______________________is entitled to possession of the child, at the end of each of _______________________’s exclusive periods of possession, at the place designated in this Standard Possession Order.

 

5.         Personal Effects – Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

 

6.         Designation of Competent Adult – Each conservator may designate any competent adult to pick up and return the child, as applicable.  IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

 

7.         Inability to Exercise Possession – Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.

 

8.         Written Notice – Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.

 

This concludes the Standard Possession Order.

2.         Duration

The periods of possession ordered above apply to the child the subject of this suit while that child is under the age of eighteen years and not otherwise emancipated.

3.         Termination of Orders

The provisions of this decree relating to conservatorship, possession, or access terminate on the remarriage of _______________________to _______________________unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code.

Child Support

IT IS ORDERED that _______________________is obligated to pay and shall pay to _______________________child support of $251.00 per month, with the first payment being due and payable on January 1, 2011 and a like payment being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.         the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.         the child marries;

3.         the child dies;

4.         the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.         the child’s disabilities are otherwise removed for general purposes; or

If the child is eighteen years of age and has not graduated from high school, IT IS ORDERED that _______________________’s obligation to pay child support to _______________________shall not terminate but shall continue for as long as the child is enrolled-

1.         under chapter 25 of the Texas Education Code in an accredited secondary school in a program leading toward a high school diploma or under section 130.008 of the Education Code in courses for joint high school and junior college credit and is complying with the minimum attendance requirements of subchapter C of chapter 25 of the Education Code or

2.         on a full-time basis in a private secondary school in a program leading toward a high school diploma and is complying with the minimum attendance requirements imposed by that school.

Withholding from Earnings

IT IS ORDERED that any employer of _______________________shall be ordered to withhold from earnings for child support from the disposable earnings of _______________________for the support of _______________________.

IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of _______________________by the employer and paid in accordance with the order to that employer shall constitute a credit against the child support obligation.  Payment of the full amount of child support ordered paid by this decree through the means of withholding from earnings shall discharge the child support obligation.  If the amount withheld from earnings and credited against the child support obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of _______________________, and it is hereby ORDERED that _______________________pay the balance due directly to the state disbursement unit specified below.

On this date the Court signed an Order/Notice to Withhold Income for Child Support.

Payment

IT IS ORDERED that all payments shall be made through the state disbursement unit at Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly remitted to _______________________for the support of the child.  IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state disbursement unit and any other agency statutorily authorized to charge a fee.

Change of Employment

IT IS FURTHER ORDERED that _______________________shall notify this Court and _______________________by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment.  This notice shall be given no later than seven days after the change of address or the termination of employment.  This notice or a subsequent notice shall also provide the current address of _______________________and the name and address of his current employer, whenever that information becomes available.

Clerk’s Duties

IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the friend of the Court, a domestic relations office, _______________________, _______________________, or an attorney representing _______________________or _______________________, the clerk of this Court shall cause a certified copy of the Order/Notice to Withhold Income for Child Support to be delivered to any employer.

Health Care

1.         IT IS ORDERED that _______________________and _______________________shall each provide medical support for the child as set out in this order as additional child support for as long as the Court may order _______________________and _______________________to provide support for the child under sections 154.001 and 154.002 of the Texas Family Code.  Beginning on the day _______________________and _______________________’s actual or potential obligation to support the child under sections 154.001 and 154.002 of the Family Code terminates, IT IS ORDERED that _______________________and _______________________are discharged from the obligations set forth in this medical support order, except for any failure by a parent to fully comply with those obligations before that date.  IT IS FURTHER ORDERED that the cash medical support payments ordered below are payable through the state disbursement unit and subject to the provisions for withholding from earnings provided above for other child support payments.

2.         Definitions –

“Health Insurance” means insurance coverage that provides basic health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, other than medical assistance under chapter 32 of the Texas Human Resources Code.

“Reasonable cost” means the cost of health insurance coverage for a child that does not exceed 9 percent of the obligor’s annual resources, as described by section 154.062(b) of the Texas Family Code, if the obligor is responsible under a medical support order for the cost of health insurance coverage for only one child.  If the obligor is responsible under a medical support order for the cost of health insurance coverage for more than one child, “reasonable cost” means the total cost of health insurance coverage for all children for which the obligor is responsible under a medical support order that does not exceed 9 percent of the obligor’s annual resources, as described by section 154.062(b) of the Texas Family Code.

“Reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of a child” include, without limitation, any copayments for office visits or prescription drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic charges.  These reasonable and necessary health-care expenses do not include expenses for travel to and from the health-care provider or for nonprescription medication.

“Furnish” means:

a.         to hand deliver the document by a person eighteen years of age or older either to the recipient or to a person who is eighteen years of age or older and permanently resides with the recipient;

b.         to deliver the document to the recipient by certified mail, return receipt requested, to the recipient’s last known mailing or residence address; or

c.         to deliver the document to the recipient at the recipient’s last known mailing or residence address using any person or entity whose principal business is that of a courier or deliverer of papers or documents either within or outside the United States.

3.         Findings on Health Insurance Availability – IT IS FOUND:

No parent has access to private health insurance at a reasonable cost.

IT IS FURTHER FOUND that the following orders regarding health-care coverage are in the best interest of the child.

4.         Provision of Health-Care Coverage –

_______________________is ORDERED to apply, within 30 days after entry of this order, for coverage under a governmental medical assistance program or health plan for the child who is the subject of this suit.

When such health coverage is obtained, _______________________is ORDERED to maintain the coverage in full force and effect on the child who is the subject of this suit as long as child support is payable for that child, by paying all applicable fees required for the coverage, including but not limited to enrollment fees and premiums.  _______________________is ORDERED to furnish _______________________a true and correct copy of the health insurance policy or certification and a schedule of benefits within 30 days following the signing of this order.  _______________________is FURTHER ORDERED to furnish _______________________copies of the insurance cards and any other forms necessary for use of the insurance within 30 days following the signing of this order. _______________________is ORDERED to provide, within three days of receipt by _______________________, to _______________________any insurance checks, other payments, or explanations of benefits relating to any medical expenses for the child that _______________________paid or incurred.

_______________________is ORDERED to pay _______________________cash medical support, as additional child support, of $50.00 per month, with the first installment being due and payable on January 1, 2011 and a like installment being due and payable on or before the first day of each month until the termination or modification of current child support for the child under this order.

IT IS ORDERED that the cash medical support provisions of this order shall be an obligation of the estate of _______________________and shall not terminate on his death.

_______________________is allowed to discontinue payment of cash medical support, for the time _______________________is providing coverage, if-

a.         health insurance for the children becomes available to _______________________at a reasonable cost;

b.         _______________________enrolls the child in the insurance plan; and

c.         _______________________provides _______________________the information required under section 154.185 of the Texas Family Code.

Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary health‑care expenses of the child that are not reimbursed by health insurance or are not otherwise covered by the amount of cash medical support under section 154.182(b) are allocated as follows:  _______________________is ORDERED to pay 50 percent and _______________________is ORDERED to pay 50 percent of the total health‑care expenses that exceed the amount of cash medical support paid by _______________________.

The party who incurs a health‑care expense on behalf of the child is ORDERED to submit to the other party all forms, receipts, bills, and statements reflecting the uninsured portion of the health‑care expenses within thirty days after he or she receives them.  The nonincurring party is ORDERED to pay his or her share or percentage of the uninsured portion of the health‑care expenses either by paying the health‑care provider directly or by reimbursing the incurring party for any advance payment exceeding the incurring party’s share or percentage of the uninsured portion of the health‑care expenses within thirty days after the nonincurring party receives the forms, receipts, bills, or statements.

These provisions apply to all health‑care expenses of the child who is the subject of this order for the provision of health‑care coverage that are incurred while cash medical support is payable for that child.

5.         WARNING – A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF OF THE CHILD.

6.         Notice to Employer – On this date a Medical Support Notice was signed by the Court.  For the purpose of section 1169 of title 29 of the United States Code, the party not carrying the health insurance policy is designated the custodial parent and alternate recipient’s representative.

7.         Miscellaneous Health Care Provisions –

Each parent will deliver the medications of the child to the other parent at the beginning of the other parent’s parenting time, unless the medications have been divided by the pharmacist into two containers that provide appropriate dosages and administrations to cover the time with each parent or unless two prescriptions can be obtained.

Each parent will inform the other of regular health-care appointments in advance, and both may attend.

Miscellaneous Child Support Provisions

Support as Obligation of Estate

IT IS ORDERED that the provisions for child support in this decree shall be an obligation of the estate of _______________________and shall not terminate on the death of _______________________.  Payments received for the benefit of the child, including payments from the Social Security Administration, Department of Veterans Affairs or other governmental agency or life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit against this obligation.  Any remaining balance of the child support is an obligation of _______________________’s estate.

Termination of Orders on Remarriage of Parties

The provisions of this decree relating to current child support terminate on the remarriage of _______________________to _______________________unless a nonparent or agency has been appointed conservator of the child under chapter 153 of the Texas Family Code.  An obligation to pay child support under this decree does not terminate on the death of _______________________but continues as an obligation to _______________________.

 

Medical Notification

Each party is ORDERED to inform the other party within 4 hours of any medical condition of the child requiring surgical intervention, hospitalization, or both.

Within 30 days after the Court signs this decree, each party is ORDERED to execute –

1.         all necessary releases pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R. section 164.508 to permit the other conservator to obtain health-care information regarding the child; and

2.         for all health-care providers of the child, an authorization for disclosure of protected health information to the other conservator pursuant to the HIPAA and 45 C.F.R. section 164.508.

Each party is further ORDERED to designate the other conservator as a person to whom protected health information regarding the child may be disclosed whenever the party executes an authorization for disclosure of protected health information pursuant to the HIPAA and 45 C.F.R. section 164.508.

Information Regarding Parties

The information required for each party by section 105.006(a) of the Texas Family Code is as follows:

Name:  _______________________

Social Security number:

Driver’s license number:

Current residence address:

Mailing address:

Home telephone number:

Name of employer:

Address of employment:

Work telephone number:

Name:  _______________________

Social Security number:          ________________________________

Driver’s license number            __________________            Issuing state:

Current residence address:

Mailing address:

Home telephone number

Name of employer:                 __________________________________

Address of employment:        __________________________________

Work telephone number:         __________________________________

EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN THE PARTY’S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVER’S LICENSE NUMBER, AND WORK TELEPHONE NUMBER.  THE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR BEFORE THE 6OTH DAY BEFORE THE INTENDED CHANGE.  IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE CHANGE.

THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.

FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.

Notice shall be given to the other party by delivering a copy of the notice to the party by registered or certified mail, return receipt requested.  Notice shall be given to the Court by delivering a copy of the notice either in person to the clerk of this Court or by registered or certified mail addressed to the clerk at 1115 Congress St., Houston, Texas 77002.  Notice shall be given to the state case registry by mailing a copy of the notice to State Case Registry, Contract Services Section, MC046S, P.O. Box 12017, Austin, Texas  78711-2017.

NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:  YOU MAY USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS ORDER.  A PEACE OFFICER WHO RELIES ON THE TERMS OF A COURT ORDER AND THE OFFICER’S AGENCY ARE ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE, REGARDING THE OFFICER’S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF THE OFFICER’S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY.  ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.

WARNINGS TO PARTIES:  FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY’S FEES AND COURT COSTS.

FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY’S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.

FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD.  REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

Division of Marital Estate

The Court finds that the following is a just and right division of the parties’ marital estate, having due regard for the rights of each party and the child of the marriage.

Property to Husband

IT IS ORDERED AND DECREED that the husband, _______________________, is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property:

H-1.     All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control.

H-2.     All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control.

H-3.     All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband’s sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband’s sole control.

H-4.     The motor vehicle together with all prepaid insurance, keys, and title documents.

This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.

Property to Wife

IT IS ORDERED AND DECREED that the wife, _______________________, is awarded the following as her sole and separate property, and the husband is divested of all right, title, interest, and claim in and to that property:

W-1.    All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the wife or subject to her sole control.

W-2.    All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control.

W-3.    All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife’s sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife’s sole control.

This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this Agreed Final Decree of Divorce.

Division of Debt

Debts to Husband

IT IS ORDERED AND DECREED that the husband, _______________________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:

H-1.     All debts, charges, liabilities, and other obligations incurred solely by the husband from and after January 1, 2006 and in his name only unless express provision is made in this decree to the contrary.

Debts to Wife

IT IS ORDERED AND DECREED that the wife, _______________________, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the husband and his property harmless from any failure to so discharge, these items:

W-1.    All debts, charges, liabilities, and other obligations incurred solely by the wife from and after January 1, 2006 and in her name only unless express provision is made in this decree to the contrary.

Notice

IT IS ORDERED AND DECREED that each party shall send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other party.

Attorney’s Fees

To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the child, each party shall be responsible for his or her own attorney’s fees, expenses, and costs incurred as a result of legal representation in this case.

Treatment/Allocation of Community Income for Year of Divorce

IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall file an individual income tax return in accordance with the Internal Revenue Code and report as the party’s income 50 percent of all predivorce community income or loss attributable to the parties, all postdivorce income attributable to the reporting party, and all the reporting party’s separate income during any part of the year. Each party shall take credit for 50 percent of all prior year overpayments, estimated tax payments, and withholdings occurring before the date of divorce and for 100 percent of the reporting party’s estimated tax payments and withholdings occurring after the date of divorce.

IT IS ORDERED AND DECREED that, for the calendar year 2010, each party shall timely pay and indemnify and hold the other party and his or her property harmless from any federal income tax liability attributable to the personal earnings of the reporting party and any net income resulting from property subject to the sole management and control of the reporting party from January 1 of that year through the date of divorce and for all such postdivorce earnings and income.

IT IS ORDERED AND DECREED that each party shall be entitled to use as a credit against his or her tax liability all estimated tax payments, credit for tax payments made in prior years, and withholdings made solely in the name of the reporting party and 50 percent of such estimated tax payments, credit for tax payments, and withholdings made in the names of both parties before the date of divorce together with any net loss resulting from property subject to the sole management and control of the reporting party and 50 percent of any net loss attributable to property subject to the joint management of the parties.

IT IS ORDERED AND DECREED that for calendar year 2010, each party shall indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party’s individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns.

IT IS ORDERED AND DECREED that each party shall furnish such information to the other party as is requested to prepare federal income tax returns for 2010 within thirty days of receipt of a written request for the information, and in no event shall the available information be exchanged later than March 1, 2011.  As requested information becomes available after that date, it shall be provided within ten days of receipt.

IT IS ORDERED AND DECREED that all payments made to the other party in accordance with the allocation provisions for payment of federal income taxes contained in this Final Decree of Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties’ estate.

Court Costs

IT IS ORDERED AND DECREED that costs of court are to be borne by the party who incurred them.

 

Discharge from Discovery Retention Requirement

IT IS ORDERED AND DECREED that the parties and their respective attorneys are discharged from the requirement of keeping and storing the documents produced in this case in accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.

Decree Acknowledgment

Petitioner, _______________________, and Respondent, _______________________, each acknowledge that before signing this Final Decree of Divorce they have read this Final Decree of Divorce fully and completely, have had the opportunity to ask any questions regarding the same, and fully understand that the contents of this Final Decree of Divorce constitute a full and complete resolution of this case.  Petitioner and Respondent acknowledge that they have voluntarily affixed their signatures to this Final Decree of Divorce, believing this agreement to be a just and right division of the marital debt and assets, and state that they have not signed by virtue of any coercion, any duress, or any agreement other than those specifically set forth in this Final Decree of Divorce.

Indemnification

Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree.  Each party agrees and IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.

Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney’s fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.

IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates.

The parties agree and IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.

Clarifying Orders

Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves the right to make orders necessary to clarify and enforce this decree.

Relief Not Granted

IT IS ORDERED AND DECREED that all relief requested in this case and not expressly granted is denied.  This is a final judgment, for which let execution and all writs and processes necessary to enforce this judgment issue.  This judgment finally disposes of all claims and all parties and is appealable.

Date of Judgment

SIGNED on                                                               .

 

 

                                                                                   

JUDGE PRESIDING

 

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Uncontested Divorce Houston Texas with Children also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

Waiver Divorce Houston

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If you think you may have a deal with your spouse on the divorce, then you would want them to sign a waiver of service.  To serve someone with process starts at $60 and go run into several thousands dollars in their are in a foreign country.  The form of the waiver is below. The waiver is no good if you sign before the case is filed.  You must insert the cause number in the waiver for it to be good.  My firm usually will encourage the opposing party to sign the final order, this is not necessary if they sign a global waiver.  If the spouse signs the waiver, this does not always mean you have an uncontested divorce, it just means you save money on the service unless it is a globally waiver of all of their rights. The Waiver Divorce Houston form is below:

NO.

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

§

 JUDICIAL DISTRICT

§

§

§

 

§

§

HARRIS   COUNTY, TEXAS

 

 

WAIVER OF SERVICE

 

________________ appeared in person before me today and stated under oath:

“I, _____________________, am the person named as Respondent in this case.

“I acknowledge that I have been provided a copy of the Original Petition for Divorce and Agreed Final Decree of Divorce filed in this case.  I have read and understand the contents of that document.

“I understand that the Texas Rules of Civil Procedure require, in most instances, that a party or respondent be served with citation.  I do not want to be served with citation, and I waive the issuance and service of citation.

“I enter my appearance in this case for all purposes.

“I waive the making of a record of testimony in this case.

“I agree that this case may be taken up and considered by the Court without further notice to me.

“I agree that the case may be decided by the presiding Judge of the Court or by a duly appointed Associate Judge of the Court.

“I request the Court not to enter any orders or judgment not signed by me or without my receiving prior written notice of the date, time, and place of any proceedings.

“I understand that I have a duty to notify the attorney for Petitioner if I change my address.  I understand that, unless I notify the attorney for Petitioner of any such change in writing, any notices that I might otherwise be entitled to receive with regard to disposition of this proceeding will be forwarded to me at the address indicated below.

“I further state that the following information is correct and that my-

Mailing address is:  ___________________________

 

Telephone number is:  _______________________

Social Security number is:  ______________________________

Texas driver’s license number is:  _________________________

“I further understand that I have a duty to notify the Court if my mailing address changes during this proceeding.”

 

                                                                                   

 

 

SIGNED under oath before me on                                                                                        

 

 

                                                                                   

Notary Public, State of Texas

 

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

Waiver Divorce Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

 

1402625_hands

Divorce Agreement

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When you have a divorce agreement or uncontested divorce in Houston, this means that there is no dispute over who gets what.  This can save both time and money for the husband and wife.  You start by filing an original “Petition for Divorce”.  This would be filed in the courthouse of the county in which you reside in Houston, Texas we file at 201 Caroline in the new civil courts buildings.  The petition with no children looks like form below:

NO. _____________________

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

_______TH   JUDICIAL DISTRICT

§

§

HARRIS   COUNTY, TEXAS

    ORIGINAL PETITION FOR DIVORCE

1.         Discovery Level

Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure.

2.         Parties

This suit is brought by , Petitioner. .

is Respondent.

3.         Domicile

Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period.

4.         Service

No service on Respondent is necessary at this time.

5.         Protective Order Statement

No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit.

6.         Dates of Marriage and Separation

The parties were married on or about January and ceased to live together as husband and wife on or about January .

7.         Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

8.         Children of the Marriage

There is no child under eighteen years of age or otherwise entitled to support who was born or adopted of this marriage, and none is expected.

9.         Division of Community Property

Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate.  If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement.  If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law.

10.       Separate Property

Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s separate property and estate.

11.       Prayer

Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition.

Petitioner prays for general relief.

Respectfully submitted,

Once you file the case, you then then to prepare the final decree of divorce and waiver to prove up your “divorce agreement.”

Divorce Agreement Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

Texas has sixty day waiting period for which you must wait to prove up your divorce agreement.  After this 60 days, the court requires that the petitioner appear once in court to answer several questions about the dissolution of the marriage.  Once you make the court appearance, Judge typically signs that same day, then your case become indexed in the county records and is considered final 30 days after judge signs the order.  This is due to the ability of a party to file a motion for new trial within the day window.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com