Legal Question in Family Law in Texas

Contents of Original Petition for Divorce

My husband has left me and is filing for a no-contest divorce, which I have agreed to so far. He is doing it all himself without the assistance of a lawyer, and has found forms with which to file at the court. However, he seems to think that he can include information that is normally found in a Marital Settlement Agreement on the Original Petition for Divorce. He wants everything that we've agreed to (specifically property issues) included in the Original Petition, and if I want to alter or disagree with any of it he will then turn it over to ''the lawyers'' to deal with (his way of trying to intimidate me). I was under the impression that those are supposed to be filed as two separate documents, not all on the Original Petition. If he tries to file it like that, will it be accepted? Also, he seems to think that my signing a Waiver of Process or Citation means that I give up my right to contest the Original Petition. Is this so? Any insight would be helpful. Thanks.


Asked on 5/23/02, 1:01 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Contents of Original Petition for Divorce

The questions you are asking request specific legal advice which I cannot ethically provide. But, your soon-to-be ex-husband is really trying hard to screw things up. The best advice for you is to get an attorney. It would be the most economical thing to protect your interests.

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Answered on 5/23/02, 2:17 pm
Fran Brochstein Attorney & Mediator

Re: Contents of Original Petition for Divorce

I will give you a generic answer to show you why you need an attorney.

I often have people try to "save money" and then they come to me to fix the mess they have created and they end up paying more money because they tried to "do it themselves".

The clerks at the courthouse must accept all legal documents if the person have the money (or the proper forms to apply for a pauper's affidavit). They do not provide legal advice. They are merely clerks that process paper.

The Waiver of Service has many different paragraphs that can be included in the document. Therefore, I cannot address that issue on point. However, generally, if you sign the document in front of a notary public it will be difficult to come to court and change your mind later.

For example, if you see the Final Decree of Divorce signed by the Judge and you find that your husband did not include what you agreed to, your husband is allowed to ask the court to have you pay 100% of his attorney's fees if you want re-open the case.

Be advised the court loses jurisdiction 30 days after the Final Decee is signed.

Also, the Judge is free to modify the Final Decree if he/she wants to before they sign the document.

Have I scared you yet?

I strongly advise you to hire an attorney -- and thereby SAVE YOURSELF MONEY!

If you live in Houston, please call me at 713-847-6000. Be sure to let me know that you found me on lawguru.com.

Good luck!

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Answered on 5/23/02, 3:26 pm


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