About Me

Name: Hal Davis

Location: Plano, Texas, United States

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Lots of divorce forms available over the internet claim to be "valid in all 50 states", and people often ask if the forms are "legal". The answer isn't simple, but the questions you should be asking are whether the judge will sign the forms, and whether they offer you the same protection as papers drawn up by your own Texas lawyer. I've just created a list:

Top 13 Signs Your Divorce Forms Weren't Written by a Texas Lawyer (and are likely to be rejected by the judge):

• Your packet includes a Complaint For Divorce, or anybody in the document is referred to as a "complainant"
• Your packet includes or refers to a Marital Settlement Agreement
• Your packet includes or refers to a Marital Property Agreement
• The final order doesn't include all of the warnings and admonitions required by the Texas Family Code (divorces with children)
• The packet doesn't include a detailed script for what to say when you're standing in front of the judge (the judge is prohibited from telling you what to say)
• The packet includes or refers to a Quit Claim Deed (this can really screw things up in Texas)
• There's no paperwork to protect you if your spouse is supposed to keep the house and make the mortgage payments, but doesn't actually make the mortgage payments.
• If there are children, there isn't a statement in the papers presented to the judge that states whether there has been a history or pattern of child abuse or neglect within the last two years
• If there are children, the word "visitation" is used regarding the time parents spend with the children.
• There is no language about where the primary parent can live with the children.
• There is no language about making child support payments through the State Disbursement Unit in San Antonio (comlete with their mailing address)
• There is no language about withholding for child support from the payor's paycheck
• An Employer's Child Support Withholding Order isn't included in the packet

While we're at it, here are the top 4 questions a judge will ask at the final hearing that will stop a divorce cold, if the parties don't have an attorney to help them prepare answers:

• Why should I approve this non-standard possession order?
• Why is there no time ordered when the father can have the kids with him?
• Why isn't child support being ordered?
• Why should I approve the payment of child support directly, instead of through the State Disbursement Unit, as provided by law?