Supreme Court of Texas has approved a free form for people of Texas that court MUST accept

Texas Supreme Court Approved Divorce Forms -- Uncontested, No Minor Children, No Real Property

I tried to download the form...but it did not copy properly...so look on the website at

TexLawHelp.org

Look under "Family Law forms" & there is a form for people with no disagreements, no minor children (children under 18), no real estate, that want a quick & easy divorce...the Texas judges must accept this form...

Both spouses must be willing to sign all the paperwork & work together to get the divorce finished!

If the spouses won't work together to get the divorce finished, then this free paperwork probably won't work & you will need to hire an attorney to help you.

Good luck!

You must pay a filing fee to the District Clerk (around $250) to file the divorce petition.

That is the only money you need to pay to get divorced.

If you have no money (you are indigent) you can ask that the filing fee be waived by the judge.

If the clerk requires additional forms to waive the fee, I don't have that that form, sorry.

Ask the clerk if the clerk has a form for you to fill out or where you can get the form on-line to waive the filing fee.

If you want a certified copy of the Final Decree of Divorce with the judge's signature at the end of the divorce, you will need to pay for that.  It's usually around $1 per page for the Final Decree of Divorce but each District Clerk sets the exact fee.  Sometimes you cannot get a copy on the date that the judge grants the divorce - again it varies according to each county.  

Child Support Guidelines based on Monthly Net Resources of the Obligor in Texas

CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR 

Number of Children to be Supported

Once you’ve established the noncustodial parent’s net monthly income, multiply that number by a percentage that’s determined by how many children the paying parent is supporting.

1 child = multiply the monthly net income by 20%
2 children = multiply the monthly net income by 25%
3 children = multiply the monthly net income by 30%
4 children = multiply the monthly net income by 35%
5 children = multiply the monthly net income by 40%
For 6 or more children, the amount must be at least the same as for five children

Percentage of Net Income for Child Support in Texas

Number of Children to be Supported

Once you’ve established the noncustodial parent’s net monthly income, multiply that number by a percentage that’s determined by how many children the paying parent is supporting.

1 child = multiply the monthly net income by 20%
2 children = multiply the monthly net income by 25%
3 children = multiply the monthly net income by 30%
4 children = multiply the monthly net income by 35%
5 children = multiply the monthly net income by 40%
For 6 or more children, the amount must be at least the same as for five children

Texas Child Support Chart for Multiple Children Guidelines

MULTIPLE FAMILY ADJUSTED GUIDELINES

(% OF NET RESOURCES)

Number of children before the court


1
2
3
4
5
6
7
Number of
0
20.00
25.00
30.00
35.00
40.00
40.00
40.00
other
1
17.50
22.50
27.38
32.20
37.33
37.71
38.00
children for
2
16.00
20.63
25.20
30.33
35.43
36.00
36.44
whom the
3
14.75
19.00
24.00
29.00
34.00
34.67
35.20
obligor
4
13.60
18.33
23.14
28.00
32.89
33.60
34.18
has a
5
13.33
17.86
22.50
27.22
32.00
32.73
33.33
duty of
6
13.14
17.50
22.00
26.60
31.27
32.00
32.62
support



7
13.00
17.22
21.60
26.09
30.67
31.38
32.00

Emergency Separation Plans -- Safety comes first!

The following are just a few ideas for men & women that suspect that they are in a potentially dangerous relationship.

If you think you might be in an abusive relationship...you might be in one...

1. Develop an emergency plan. 

Go on-line and do some research.  Remember, to erase your history on your computer. Even if you go to the bathroom for a moment, don't leave your computer screen on and risk getting caught doing research.  This a potentially life threatening time.

I've lost a friend and a family member (male) to murder/suicide.  I take this subject very seriously. Separation is the most dangerous time in your relationship.  Even sane, nice people can go temporarily insane and possibly hurt you.  

Figure out a safe place to go, and think about who can help you on short notice. You need a place to go where your spouse** cannot find you.  Therefore, your parents or siblings home is not the ideal place to go, especially if they keep a key hidden outside.  

Remember, your smart phone and your computer will give your location away.  

It is nice to have credit cards and a debit card, but your spouse might cancel the credit cards and the debit card, so you need some ready cash available.  

If you can safely do so, make a copy of all important papers (like bank accounts) and keep them in a safe place. 

You need to have some clothes & prescription medication stored in case you need to leave suddenly.  If you have children, you need to have their things stored too.  Only do this, if you can do it safely.  

If you have precious, irreplaceable items, move them to a safe place.  Often, things get broken or "disappear" during this time.  

A safe place is not at home, not the joint safety deposit box, a relative's house, a friend's house, and not in your vehicle.  A safe place would be somewhere your spouse could never find them - like a friend's house that the spouse cannot have access to ever.  

Do not discuss your plans and your feelings with friends and family.  Some well meaning person might talk to your spouse and try to "reconcile" the two of you.  This well-meaning person could actually get you killed.  Be careful about sharing your thoughts and feelings.

2. Keep a calendar & diary -- As soon as possible after an event occurs, write down accurate & detailed description of the event including the date & time & location (who, what, when, where & why).  If necessary, take photos.  If you are injured, go to an emergency room.  

3. Remember that everything you say & do may be recorded.  Assume that you are being followed by a private investigator and act accordingly.  It is not illegal to follow you around & take pictures of you -- so smile! 

Communicate very carefully and respectfully with your spouse, because anything may be introduced into evidence. Therefore, all communications (texts, emails, voice mails, etc.) should be cordial (at least - civil) and brief.  Assume everything is being recorded and saved. 

4. Protect your children from conflicts between you and your spouse.   Don’t say anything against your spouse, no matter how irritated you might be or feel justified in doing so.  

• Discussing legal matters with the minor children

• Asking what happens at the other parent's house 

• Making negative comments about the other parent within ear-shot of the children

4.  Obtain a therapist to help you understand your partner’s behavior, anticipate problems, deal with your emotions around the divorce or separation, and learn about yourself. 

5. Hire an attorney with good communication skills, and consult with this professional to prepare for predictable crises and accusations.

6. Stay off Facebook and other social media.  If someone makes negative comments about you, refrain from commenting.  If you want to comment, then quit looking at these sites.  You might be a "set up"!  

Beware that your social media might link to each other.  Twitter & Facebook, etc. now all easily link to each other & also transmit your location.  So I advice you to stay off of all of them for safety purposes.  

7.If necessary, call the police.  Get the officer's full name, badge number and cell phone number. The white slip of paper that an officer hands you is not enough.  (Paperwork is your friend).
If the police agree to do a terrorist threat report, YOU must follow-up with them.  You must call them & go downtown to fill out the paperwork.  They say that they will call you back but they don't! 

8.If other people were present, write down their full legal name, address & phone number(s) and a brief description of what they could testify to in court. A person can testify in court to anything they have personal knowledge of if they were present at the time the event occurred.  So if they heard, smelt, tasted, felt, saw an event then they can testify to it since they have first hand knowledge of the event.  

9.Save email and text-message correspondence in a safe place, especially copies of hostile, harassing, and controversial exchanges. 

10.If your spouse is hostile it does not mean that you are allowed to reply in the same tone.  Avoid being setup for violent confrontations! 

11.If you are a male, avoid physical confrontations since YOU will be arrested for assault in the State of Texas and then a protective order will be granted against YOU.  (FYI: This is a way to get spousal support in the State of Texas so be careful & immediately consult a family law attorney.) Also if immigration is an issue, the spouse seeking immigration papers needs to claim spousal abuse in order to stay in the US, so again immediately seek the services of an experienced family law attorney. 

12.Make sure your passwords are secure. Somehow accounts get "hacked" all the time during divorce/separation.  I recommend changing bank accounts to a small local bank that your spouse does not bank at or know about immediately -perhaps a credit union. 

13. Tell your family and friends what to expect, how to respond, how they can help, and how to avoid splitting either of you into being viewed as all good or all bad. 

Beware of "helpful" friends and family what want to assist in "reconciling" you or trying to talk you into giving him/her one more chance.  They might be wonderful people -- but they might be putting your life in danger without knowing it.  

14. I usually suggest that you select one person to talk to about what you are going through.  Do not discuss your problems with everyone.  Your attorney will usually suggest this too because it could hurt your case at trial.  

15.  Your pets are important, but sometimes you have to leave your beloved pet behind.  Your life is more important than your pet.  Life is unfair but your life is more important that your pet.  Your spouse might hold your pet hostage.  This is common.  Don't fall for this ploy.  

 ** I use the term "spouse" but it can mean partner or significant other 

Effectively Co-Parenting after Divorce

Divorce is the death of your marriage.  When you married you never imagined that you would ever divorce.  Divorce is horrible for the adults. Imagine how difficult it is for the children of the marriage.  My parents divorced when I was over 30 years old, divorced, a mother & a divorce attorney.  It was still horrible for me.  I tell people that divorce is hard on children if you are 3, 13, 23 or 33!  

My dad said that once you have children you are never truly divorced.  You might be ending your marriage but you will be co-parenting your children for the rest of your life.  Below are a few thoughts to make co-parenting after divorce easier.  I never said that co-parenting after divorce is easy - I only said that I would try to make it easier.  

The parents are adults & you need to try to act like adults so that your children can act like children.  They love you both.  They don't want to have to choose.  Please let your children stay out of "adult business" and get to be your kids - no matter how old they are!

Key #1 – Let Your Kids Know You Love Them

Both parents need to make a concentrated effort to let your kids know how much you love them.  Kids sometimes feel like the divorce is their fault.  You need to make them understand that the divorce was between you and your ex, not them. You might be divorcing your spouse but you are not divorcing your child.  

Tell your child you love them every time you hang up the phone & at the end of every visit.  You can't say those 3 word enough.

Key #2 – Kids can sense your feelings 

Divorce can cause a lot of resentment and hostility between spouses.  For the sake of your children, you need to put this animosity aside.  If you need help,  then If you are angry and resentful towards your spouse then your child is very likely to pick up on that vibe and feel like they are in the middle between the two of you.  While it is perfectly normal to feel some anger or resentment towards your ex after a divorce, you need to find ways to deal with it that don’t have any fallout upon your child. 

Children can sense what is going on around them.  Children are very smart.  Even small babies watch everything going on all around them - even when you think that they are asleep.  So be very careful what goes on when they are at home.  They can tell when you are under stress.  They observe your non-verbal cues.  Children imitate the people around them.  So be aware of your non-verbal motions - eye-rolling, sighing, etc.  Please don't let your family and friends talk bad about your ex when your child is around either.  Children do not need to hear negative or hostile talk.  Children need to be in a positive and loving environment.  


Here are some ideas:

• Vent to a trusted friend or family member
• Stay focused on your child
• Take a deep breath
• Think before you speak

Key #4 – Never Put Children in the Middle

Similarly, do not vent your frustrations about your ex to your children.  You will hurt them if they are caught in the middle of your disagreements.  If you have something to say to your ex, say it to yourself.  Never say anything negative to your kids about your spouse, otherwise you risk making them feel as though they need to take sides.

Remember that your child is 50% of you and 50% of your ex.  When you talk bad about your ex in front of your child, you are telling your child that 50% of your child is bad!  Please don't do it!  

Key #5 – Communicate With Each Other

Communication is a key factor when raising a child.  You do not have to speak in person if you find this difficult after the divorce.  You can always pick up the phone to call your ex or just send an email or text.  Here are a few suggestions to help you have successful communication:

• Ask, don’t demand
• Listen
• Do not overreact
• Meet or talk on a regular basis
• Focus on the kids
• Inform each other about important events in the life of your children
• Treat your ex with common decency that you would any stranger - use words like "please" and "thank you" and say "good bye" when you hang up the phone.

Key #6 – Apologize When Necessary

If you are wrong do not have so much pride that you will not say you are sorry.  If you make a mistake and do not apologize your relationship with your ex will be strained.  Avoid letting situations like this fester and just go ahead and apologize.  It will improve the relationship and in the long run that is what is best for your kids.

Remember your children are watching you.  Your non-verbal communication is important too -- so no eye rolling, no finger wagging or allowing any of your relatives to do so either.  Your children will learn to treat their future husband/wife the way your treat your ex -- so treat your ex nicely -- Remember you once loved this person!  

Remember that you get more flies with honey than with vinegar -- be sweet! 

Remember sometimes silence is golden!  

Sometimes it is better not to have the last word!  

Sometimes you can win the battle but lose the war -- if you try to win all the "fights" -- but your children end up suicidal and/or on drugs/alcohol and/or running away from home -- how have you won?

Remember you both want what is best for your children  -- so put your children FIRST!

Key #7 – Make Major Decisions Together

If you have a big decision to make regarding your child, meet together and come up with the best solution for the child.  Some of the major decisions might include:

• Medical issues
• Education
• Finances
• Sports

There is no doubt that effective co-parenting is challenging but do it successfully and you will be giving your children something priceless – a peaceful childhood.

Put your children's needs first!  You both love your children!  You might show your love differently -- but it does not mean that you both don't love them!

You are going to be co-parenting with your ex for the rest of your life so they need to find ways to work with your ex.

You will be co-grandparenting with your ex.  

When will I go to mediation if I have a family law matter pending in Harris County?

In a family law matter in Harris County, some courts will send you to mediation BEFORE you can even have a temporary order hearing.

So, you might actually attend at least two (2) mediations before your case is settled in some Harris County District Courts.

However, some courts will send you to mediation only before final trial.

If the attorneys can convince that mediation would not be appropriate for a variety of reasons, such as domestic violence has occurred repeatedly during the marriage or there is a current protective order in place, then the attorneys might ask the judge to waive mediation before going to trial.

Occasionally, if the attorneys forgot to schedule mediation and the judge's schedule is open, some judges will allow you to skip mediation and proceed to trial...but don't count on it. Generally, in Harris County, you will attend mediation before you go to trial.  And, sometimes, you will go to mediation a second time before you go to trial.



How much does mediation cost?  I'm one of the cheapest mediators in Harris County - $300/per side for 4 hours (this rate applies through 12/2015 - after that it might change).  (Some of the former judges who now mediate charge $2,500/per side for a full day. If a judge orders you to a specific mediator, you pay whatever that mediator charges...you don't get to complain about what the mediator charges!

Some judges might order you to attend mediation more than once before getting a final trial date.



If you refuse to attend mediation, your pleadings can be "struck" by the judge.
What does that mean? You basically can't "do" anything at trial.  You have totally "killed" your case.  Therefore, if ordered to mediation, I highly recommend that you show up and that you participate in good faith in the mediation process.

I've only had one man in 9 years of mediating who was ordered to mediate & showed up & walked out after 5 minutes. He refused to pay me or to sign the Agreement to Mediate.  I reported this in my "Report to the Judge". The judge ordered him to pay my fee at trial.  The judge was not very happy with his behavior.  Showing up & walking out in 5 minutes & refusing to sign the Motion to Mediate & refusing to pay does not count as "mediating in good faith"!  Plus, his wife received everything she wanted at trial.



I prefer to mediate a case close to the trial date.  Why?  For a variety of reasons:

1.  Hopefully discovery has been completed, if it has been done.  The parties have the information available to make settlement a possibility.  They have the knowledge they need to make an informed decision about property division.  All debts and assets have been disclosed by both parties.  On the other hand, any "unknown" debts or assets are now clearly defined too.

2.  If an amicus attorney was requested by the court, the amicus has done their job and this attorney will attend mediation to assist the mediator.  If an amicus was appointed, I insist that the amicus appear at the mediation.  I consider this person a necessary party and I will not conduct the mediation without the amicus attorney present.

3.  The attorneys are ready to proceed to trial and know their client and their case. They can now assist their client in making an informed decision about settling their case.  They can "guide" their client in making a good settlement in their case.

4.  The parties are ready to settle.  They are now emotionally ready to settle the case and move on with their lives.

5.  I consider the case "ripe" for settlement.  Often if parties come to mediation at the beginning of a case, they are not emotionally prepared to settle their case, they do not understand what is happening in the case and they do not understand the legal system.  At the beginning of a case, the case is not "ready to settle" and mediation is often not successful.

The timing of a mediation is often critical for success.

6.  The parties have paid a lot of money to their attorneys.  The parties understand that going to trial is going to cost them a lot more money.  The understand that settling their legal case is going to save them a substantial sum of money.  They are now motivated to settle.

7.  The parties understand that going to trial is going to be emotionally painful.  The parties recognize that their "dirty laundry" might be aired in open court.  The courtroom is a public arena.

The parties understand that mediation is private and confidential.  The parties realize that they control the mediation process. They understand that the agreements that they reach can be more liberal and/or flexible than the judge could order under the Texas Family Code.

The parties recognize that the parenting of their children can address issues that could not be addressed by the Judge under the Texas Family Code.  This is especially important for parents with children with special needs and/or gifted children.



Most mediations are one time events in the Harris County court system.  

However, sometimes I've been known to take a "recess" and do a second mediation.  Why? Because the parties needed to think about the settlement offers on the table and/or emotions were running too high and the parties needed to take break and think about the matters we discussed.  In all the cases where I have done this, when I asked the parties to take a recess, we came back 2 weeks later and we were able to settle the case quickly and easily.  In all cases, the parties thanked me for suggesting that we take a recess to allow them to "ponder" my suggestions.  The parties said that taking a break and thinking things over turned out to be an excellent idea.  They could meet with their attorney, look over everything, and sleep on it.  They realized that my suggestions had been excellent and that they had just needed some like to "absorb" the final settlement offer.  In the end, the settlement offer that I had proposed had been best for everyone, it had just been a lot different that either of them had thought of before and they needed time to "adjust" to it.  Therefore, if the attorneys and parties are open to my idea, I will often suggest a "break" and if I think that the parties are "overwhelmed" and "hit the wall".

I hope this explains a little bit about Harris County mediations.

Remember what you say to your children is important!

What your children hear from you...

Your children, no matter how young, are very intuitive.  They can sense what is going on.  They pick up your body language.

You need to learn how to co-parent in a positive, effective way for their sake.

Keep the children out of what I call "adult business".  I don't care if your children are 3, 13, 23, or 33.

Certain topics should always be "off limits" -- such as if their parent had an affair -- they truly don't need to know that tidbit of information -- how does that information help them?  It does not -- it is just cruel on your part to tell them that their other parent had "affairs".

Remember the tv show "Get Smart" - keep your children under a "cone of silence".
Both of you should keep certain negative topics - off limits - no one should discuss certain negative topics with them - ever - no matter how old they are!

Remember, your child is 50% of both you.

You picked the other person to be the child's parent -- so if you talk bad about the other parent it also reflects badly on you.

For example, if the mom is a "slut" then you must really "dumb" if you selected her to marry!  You are showing your child that your child is 50% slut & 50% dumb! I'm sure that is not the intention that you were actually planning to convey to your child!  Then you wonder why your child begins to act out and starts running the streets & doing drugs! You've told them that they are worthless -- so be careful what you say and the tone of your voice.

How you treat the other parent is going to teach them how they treat other people in the future.

Remember, you get more flies with honey than with vinegar.

If you treat the other parent with common courtesy like you would any stranger on the street, how does that hurt you.  There is no reason not to use words like "please" and "thank you".

You are teaching your child how to treat their future boyfriend/girl-friend in the future.  I'm sure that you want them to pick someone top-notch in the future.  You don't want them picking someone that will treat them badly - so teach them even when they are very small to treat everyone with respect and to treat themselves with respect.

Your children watch you and think that you know everything when they are little.  You are their teachers.  You are their world.  Teach them from the beginning how to respect themselves and everyone around them.  That includes their other parent...even if you don't like the other parent.

You will be blessed when your child grows up with a healthy, happy child that is well adjusted.

That is truly the greatest blessing.

Divorce is the Death of Your Marriage

I often begin my mediations with this...

Divorce is the death of your marriage.

It is the end of your hopes and dreams together.

You never imagined on your wedding day that you would ever end your relationship in a divorce.

Obviously when you married you loved each other very much and you intended to spend the rest of your lives together.  You both had plans to share our lives together.  You intended to build a future together.

Now all of those plans are destroyed.  All of your dreams and hopes are gone.  The feelings that you have are valid.  Signing the paperwork in your divorce will not make these feelings go away. Even if you get everything that you want in your divorce, these feelings will not "magically" go away.

I have found that time is the best healer for the pain that you are going through.

I want to assure you that things will get better.  I encourage you to take things one day at a time.  If you have ever lost someone close to you, then you understand what I am telling you - at first the loss was overwhelming and you did not think that you could survive the hour but gradually the loss became bearable and you learned how to get incorporate the loss into your daily routine.  You did not forget how much you loved this person but you have been able to gon on with your life and you learned to have joy in your life again.

Both of you are grieving.  There is no right way to grieve.  Divorce is a lot like a death, but you still keep seeing each other.  In some ways it is actually worst than a death, because you still keep "bumping" into each other and have to keep talking to each other because you have children together.

Therefore, your relationship have to "evolve" into a new relationship for the sake of your children.
Just because your marriage is over it does not mean that your relationship is over.  It is now going to evolve into a new relationship.  None of you know right now what that is going to look like.

Whether you like it or not, you are going to co-parent your children together for the rest of your lives and your children's lives.  You are going to be co-grand-parenting your grand-children together.

I cannot fix the past.  But I can encourage you to start today to start anew.

The anger in your heart is only hurting you.  Eventually you are going to get physically ill.  You will probably get high blood-pressure and other illnesses if you keep this anger inside of you.