Pro Se Divorce Handbook Form PDF Details

In an effort to navigate the challenging landscape of representing oneself in family court, the Pro Se Divorce Handbook serves as a comprehensive guide, produced and distributed by the Texas Young Lawyers Association and the State Bar of Texas. Updated in February 2019, this vital resource emphasizes the importance of considering all aspects before proceeding with a self-represented divorce, especially in situations involving family violence. The handbook includes critical warnings against proceeding without legal assistance if domestic violence is present, defining family violence extensively to encompass physical, mental, emotional, and verbal abuse. It offers an in-depth look into the procedural and substantive components of a do-it-yourself divorce, covering key topics such as marital property distinctions between community and separate properties, spousal maintenance, and the intricacies of child custody and support. Furthermore, the handbook outlines the procedural steps from filing the petition to the final decree of divorce, punctuating the importance of court-mandated parenting courses and providing insights into the timing issues and documentation involved. It is rounded off with helpful tips, a glossary of common terms in Texas divorces, legal resources, and sample documents to aid individuals in navigating the process with greater ease and understanding.

QuestionAnswer
Form NamePro Se Divorce Handbook Form
Form Length36 pages
Fillable?No
Fillable fields0
Avg. time to fill out9 min
Other namescounterpetition, childrens, texas, texaslawhelp

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PRO SE

DIVORCE HANDBOOK

“Representing Yourself in Family Court”

Produced and distributed as a public ser vice by

the Texas Young Lawyers Association and the State Bar of Texas

PRO SE

DIVORCE HANDBOOK

“Representing Yourself in Family Court”

Produced and distributed as a public ser vice by

the Texas Young Lawyers Association and the State Bar of Texas

Last updated: Februar y 2019

IMPORTANT INFORMATION

– PLEASE READ THIS FIRST –

IN THE EVENT YOU OR ANY MEMBER OF YOUR FAMILY IS THE VICTIM OF DOMESTIC VIOLENCE, YOU SHOULD IMMEDIATELY CON- TACT LOCAL LAW ENFORCEMENT OFFICIALS BY CALLING 911. HELP IS ALSO AVAILABLE AT 1-800-799-SAFE (1-800-799-7233) THE NATIONAL DOMESTIC VIOLENCE HOTLINE.

YOU SHOULD ALSO CONTACT A PRIVATE ATTORNEY OR YOUR LOCAL LEGAL AID PROVIDER BEFORE FILING FOR DIVORCE. THIS HANDBOOK AND THE PRO SE DIVORCE PROCESS MAY NOT BE APPROPRIATE FOR A DIVORCE WHERE DOMESTIC VIOLENCE IS INVOLVED. DOMESTIC VIOLENCE CAN INCLUDE PHYSICAL, MENTAL, EMOTIONAL AND VERBAL ABUSE.

The Texas Family Code (Section 71.004) defines Family Violence as: (1) An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault or sexual assault, but does not include defensive measures to protect oneself; (2) Abuse by a member of a family or household toward a child of the family or household; or (3) Dating violence (as defined by Texas Family Code Section 71.0021.)

The Texas Council on Family Violence defines Battering (or Abuse) as: A pattern of coercive control that one person exercises over another. Battering is a behavior that physically harms, arouses fear, prevents a woman from doing what she wishes or forces her to behave in ways she does not want. Battering includes the use of physical and sexual violence, threats and intimidation, emotional abuse and economic deprivation.

TABLE OF CONTENTS

 

INTRODUCTION

1

THINGS TO KNOW BEFORE YOU GET STARTED

1

MARITAL PROPERTY

2

Presumption of Community Property

2

Separate Property

3

Claims for Reimbursement

3

Premarital and Marital Property Agreements

3

Division of Community Property

4

Spousal Maintenance or Alimony

4

ISSUES CONCERNING CHILDREN

5

Parenting Plan

5

Parenting Coordinator and Parenting Facilitator

5

Duration of a Child Custody and Child Support Order

6

Child Custody

6

Supervised Visitation

7

The Right to Decide Where a Child Will Live

7

Standard Possession Order

7

Expanded Standard Possession Order

8

Establishing Child Support

8

Additional Factors in Determining Child Support

9

Medical Expenses as Additional Child Support

9

Employer’s Order to Withhold

9

Modifying Child Support

10

GETTING STARTED

10

Filing the Petition

10

Notifying Your Spouse

11

The Answer

12

The Counterpetition

12

Middle of the Case (the “Waiting Period”)

12

CONCLUDING DIVORCE PROCEEDINGS

13

Timing Issues

13

Final Decree of Divorce

13

Court Mandated Parenting Courses

14

The Day of the Divorce

14

REVIEWING THE UNCONTESTED DIVORCE PROCESS

15

HELPFUL TIPS

20

COMMON WORDS IN A TEXAS DIVORCE

20

LEGAL RESOURCES

26

Office of the Attorney General, Child Support Division

26

Legal Aid Offices

26

Lawyer Referral Services

26

SAMPLE DOCUMENTS

27

Appendix A – Sample Prove Up Questions for Uncontested

 

Divorce Without Children

27

Appendix B – Sample Prove Up Questions for Uncontested

 

Divorce Without Children

29

Appendix C – Austin Form

31

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