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Do-I-Need-a-Lawyer-for-a-Divorce-in-Texas.jpg
18/Aug/2019

If you are in the divorce process in Texas, you are not required to have a Texas divorce attorney. At least, by law you do not HAVE to hire a divorce lawyer in Texas. It is, however, advisable that you do. There are so many issues involved with a divorce that divorce attorneys in Texas are very important to the proceedings. Whether you own property together, have kids, or even just changing your legal status from married to divorce, a divorce attorney in Texas can be very helpful.

Do I Need a Lawyer to File for Divorce in Texas

The short answer is no. If you and your spouse have figured everything out amiably and there are no potential future issues, then you may proceed with a Texas divorce without lawyer. These types of cases, however, are few and far between. There are seven grounds for divorce in Texas, and a Texas divorce lawyer can walk you through the most likely one for your situation. The seven grounds for divorce are insupportability, living apart, cruelty, confinement in a mental hospital, abandonment, conviction of a felony, and adultery.

The most common ground for hiring a divorce attorney Texas is insupportability. This simply means that there is “discord or conflict of personalities” that makes the current marriage situation untenable. When filing for divorce for this reason, you must file and then wait 60 days. During that time, divorce lawyers in Texas are very important. They can help you and your spouse reach an agreement on many of the issues related with divorce. You and your spouse could try to divorce without lawyers in Texas on the ground of insupportability, but it would be difficult. In fact, during the 60 days after filing for a divorce is when many clients make the important statement, “I need a lawyer.”

The other six grounds for divorce are equally difficult without a divorce lawyer Texas. In all of the situations, there is a 60 day waiting period and a Texas family law attorney is advisable to help you and your spouse through the proceedings. Texas divorce lawyers and Texas divorce attorneys are there not only when things are difficult, but also to make an amiable divorce easier and less of a hassle.

Getting a Divorce in Texas Without a Lawyer

As mentioned above, it is possible to divorce without a lawyer in Texas. The question then becomes, “How to get divorced in Texas without a lawyer?” If you want to know how to get a divorce without a lawyer in Texas, it is as simple as filing at the courthouse. The difficulty is not in the paperwork, but in the myriad of problems that come from trying to get a divorce without lawyer in Texas. Divorce lawyers in tx are not just there to handle the legal issues associated with a divorce. They are there to keep things cordial, to help you get what is right, and to make sure that simple things do not hold up a divorce that you want to happen sooner than later.

If you ask the question, “Do I need an attorney to get a divorce” then the answer is technically no. But if you ask the question “how to divorce in Texas without a lawyer” then the real answer is that you just do not. How to file for divorce in Texas without an attorney is not the hard work. You can file just as easily as anyone.

The bottom line is that if you are looking for a tx divorce lawyer to give you the go ahead and advice on how to get a divorce in Texas without an attorney, you will not find one who will. Every divorce attorney knows that while you can you get a divorce without a lawyer in Texas, it is not advisable. In the long run you will save time and money by not figuring out how to get a divorce in Texas without a lawyer, but by hiring an experienced and trustworthy family law attorney who can help you through the process.


Rule-11-Agreements-in-a-Texas-Divorce.jpg
18/Aug/2019

A Rule 11 agreement is used to solve complex issues, alleviate the need for witnesses, and can even be used to settle an entire lawsuit.

The majority of cases where a rule 11 agreement is reached can be found in the area of family law and specifically divorce and custody cases. The nature of a Texas rule 11 agreement is such that the two parties want a fair deal without causing undue grief on the other. By reading the following, you will understand the circumstances surrounding rule 11 agreement cases.

Before continuing, it is important to note that an attorney is needed to help even when rule 11 is invoked. If you have a lawsuit pending, you probably already have a family law attorney, but ensure that your attorney understand the benefits of a rule 11 agreement.

What is a Rule 11 Agreement

A Texas Rule 11 agreement is a rule of procedure that states an agreement between attorneys can be enforceable under two specific circumstances. The first circumstance that would make rule 11 Texas enforceable is if it is in writing, and the second is if it was filed in the papers of the court or made in open court.

For the purposes of family law, and specifically custody cases or divorce, a rule 11 agreement divorce is simply an agreement between the two parties that allows the divorce to be finished without spending as much time in court. The same thing is true for custody proceedings.

A rule 11 agreement in Texas is only valid in the case of a pending lawsuit and is not the same thing as a compromise or settlement reached prior to filing. For instance, a rule 11 agreement child custody is when two parties with a pending lawsuit come to an agreement in writing and filed in the court. A rule 11 agreement letter would be the letter filed with the court spelling out the terms of the agreement.

Enforcing Texas Rule 11

For rule 11 agreement Texas to be enforceable and to reach the rule 11 definition, three things must be true. It must be clear and unambiguous. This means that it must be able to be reflected in a judgement. The rule 11 agreement Texas form must be in writing, signed, and filed. And the rule 11 agreement form must be filed with the court of record for that particular lawsuit.

Even if all of these stipulations are present, a rule 11 Texas rules of civil procedure agreement is revocable until such time as judgement is rendered. Even if there is a phrasing within the agreement that states the trcp rule 11 is irrevocable, it is still revocable by the judge until the end.

So if a rule 11 agreement is revocable, then what is rule 11 really? If a judge can deny it, if it is just procedural, and if it does not hold legal standing when it is signed initially, then what does it do. A Texas rule 11 agreement is simply an understanding between two parties who do not want their dispute to be left up to a third party. A rule 11 agreement in Texas is one that allows two parties who may seem far apart on certain issues, to still come to a viable conclusion without having to cause unneeded grief.




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