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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