Texas Family Law - Pro Se Divorce

PRO SE DIVORCE SUITS

• Espanol: Manual para tramitar un divorcio Pro Se (Spanish version of Pro Se Divorce Handbook)

“Pro se” means that a party to a lawsuit is representing him or herself. All persons involved in divorce cases are strongly encouraged to consult with an attorney so that the legal proceedings and the effect of legal documents and Orders can be fully explained to you. If you have children, property, or support issues which need to be decided by the court and which have not been resolved by an agreement, you are not required to retain an attorney but the Clerk’s Office cannot give you advice on how to proceed. If you proceed without legal counsel, you may unknowingly lose rights to custody or visitation, child or spousal support, equitable distribution of property, or other legal claims arising out of your marriage. Furthermore, at trial the same rules will apply as if you had an attorney, and the Judge is not permitted to help you in presenting your case. Additionally, if you do not know your spouse's whereabouts, or if he/she is in jail for committing a felony, you should seriously consider consulting an attorney about how to proceed.

“Uncontested divorce actions” are those in which the parties have agreed upon all issues before the court, or those in which it is anticipated that only one side will actively participate. “No-fault divorce” suits are those in which the parties only ask for a divorce on the grounds that they have lived separate and apart for the period of time required by law.

Custody in Texas

1. If you are a resident of Texas, and you and your spouse are planning to divorce, it's best to find out all you can about joint custody laws. These guidelines will help you and your soon-to-be ex spouse to share custody of the child in a way that serves in her best interest.

Joint Legal Custody

2. In the state of Texas, parents can be granted joint legal custody of children, which means that both the mother and father are legally responsible for the upbringing of the child. Parents have equal responsibility when it comes to determining where the child will attend school, what types of medical treatments the child will receive, and the types of community or extracurricular activities the child can be involved in. While both parents reserve the same rights in terms of custody, the child primarily lives with one parent in a joint legal custody arrangement; the remaining parent receives visitation with the child.

Shared Physical Custody

3. Parents who are Texas residents and live in close proximity to each other may also want to consider shared physical custody. This is when the child spends the majority if his time in the home of one parent, but lives with the remaining parent at least 35 percent of the time. Both parents still reserve the right to make major decisions concerning the child's health, education, and well-being in a shared physical custody arrangement.

Combination Joint Custody

4. Depending on the living arrangements of the parents, the best interest of the child, and the discretion of the Texas courts, a combination of shared physical custody and joint legal custody may be awarded to the parents. Many parents who choose a combination joint custody arrangement keep the child at one residence, but rotate the days they are at the residence to care for the child. The courts look to ensure that the two parents can get along favorably when making decisions regarding the child; if the mother and father are constantly disagreeing on issues such as which religion to raise the child in, or which school to send the child to, Texas legislature may rule that one parent have sole custody, while the other parent reserves visitation rights.

In Texas, the district courts have original (subject matter) jurisdiction in divorce (Family law) cases, among others. In the some of the Texas counties, however, the courts may specialize in family law matters. (Click Below)

•Family District Courts in Dallas County (Dallas County)
•Family Courts (Tarrant County)
•Texas County Websites in Alphabetical Order (Texas Association of Counties)

Related Links

• The Complete Family Law Blog List (List of Family Law Blogs)

Related (External) Links

• What to Expect in Texas Family Law Court
• Harris County District Courts (Click on Family)
• Texas Statutes (Family Code)
• Ending the Violence: How to Obtain a Texas Protective Order
• Pro Se Divorce Handbook (Self-Represented Litigants)
• Pro Se Divorce Handbook (Updated copy of Exhibit "D" of the Handbook)
• Pro Se Divorce Handbook (Updated copy of Exhibit "E" of the Handbook)
• Adoption Options (A Directory of Adoption Agencies in Texas)
• Dell Dehay Law Library of Tarrant County

• See the Complete list of Family Law Blogs.