LAW OFFICES OF OMONZUSI IMOBIOH

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Deciding to get a divorce

The decision to get a divorce is not an easy decision.  A divorce could be an emotional and economically draining process. We at Law Offices of Omonzusi Imobioh understand. That is why we offer you the option to do your own divorce.  We offer cheap prices and the peace of mind of knowing that your forms are being prepared by a legal professional. Submitting the wrong forms can delay the process and can cost you a lot of money in the long run. Why leave your fate to a company located outside the State of Texas that will offer you generic forms but does not know the requirements under Texas law?

If you and your spouse agree to all the terms of the divorce, you may be able to complete the divorce process yourself. We will complete the correct forms for you and even tell you what to do in order to finalize the divorce.  The only thing that we will not do is follow you to Court to file the case or “prove it up” before the judge. If you and your spouse cannot agree, it is not an agreed divorce. You must contact an attorney in that situation.

What are the terms that you and your spouse must agree to?

Divorce without children.  No Property or Minor Property

  1. Your spouse signs the waiver of citation. By signing the waiver of citation, your spouse is saying that he/she does not want to be served by a Constable, Sherriff Deputy, Private Process server, etc. He may also waive appearing in court.
  2. Property and Debt Division: You basically agree to keep your property; your spouse keeps his or her property. With regards to debts, you pay the debts that are in your name and your spouse pays the debts that are in his or her name. In the case of joint debts, you and your spouse must agree on who is going to be responsible for those.

Divorce with Children.  No property or minor property

  1. Your spouse signs the waiver of citation. By signing the waiver of citation, your spouse is saying that he/she does not want to be served by a Constable, Sherriff Deputy, Private Process server, etc. He may also waive appearing in court.
  2. Property and Debt Division: You basically agree to keep your property; your spouse keeps his or her property. With regards to debts, you pay the debts that are in your name and your spouse pays the debts that are in his or her name. In the case of joint debts, you and your spouse must agree on who is going to be responsible for those.
  3. Provisions Relating to the Children
  • Child Support. You and your spouse agree on who is going to pay child support and the amount of child support that is to be paid.
  • Medical Support (Health Insurance): The person who is required to pay child support is also required to maintain Medical Insurance for the child. You and your spouse can agree on who is going to carry the Health Insurance and
  • Possession and Access (Child Custody and Visitation): You and your spouse agree on the terms of the visitation.  Absent  mutual agreement, Standard Possession Order.pdf
  • Best interest of the Child. Whatever you and your spouse agree to must be in the best interest of the child. The Court is most likely not going to approve an agreement that is not in the best interest of the child.
  • Child Support Guideline is presumed to be in the best interest of the child. The Court will occasionally deviate from the Child Support Guidelines in situations where it deems that the application of the Guidelines would be unjust or inappropriate.

 

Child Support Guideline

Number of Children Before the Court

Percentage of Obligor’s Net Resources

1 Child

20% of the first $7,500 of Obligor’s Net Resources

2 Children

25% of the first $7,500 of Obligor’s Net Resources

3 Children

30% of the first $7,500 of Obligor’s Net Resources

4 Children

35% of the first $7,500 of Obligor’s Net Resources

5 Children

40% of the first $7,500 of Obligor’s Net Resources

6 or More Children

Not less than 40%.

 

Adjustments are made to the percentages above in situations where the obligor has children in multiple households i.e. in situations where the obligor either has other children living with him at home that he is supporting or if he has other children outside of the home that he is currently paying child support for.

Obligor:  The Obligor is the person who is ordered to pay child support.

Obligee: This is the person to whom child support is ordered paid for the benefit of the child. This is usually the parent that the child lives with.

 Child Support Calculator*

We have provided a link to a Child Support Calculator.  This link is being presented for informational purposes only. We do not make any representation as to the currency or the accuracy  of the calculator.

 

Fees  For Divorce Yourself Forms*

Divorce with no children, no property

$125

Divorce with no children, property

$150

Divorce with children, no property

$175

Divorce with children and property

$190

 

The fees may vary from the prices quoted above for divorces with more complicated or peculiar fact patterns.

 

*If you have Retirement Benefits, we do not draft QDROs or Qualified Domestic Relations Orders. We will refer you to someone who drafts QDROs.

We are not Tax Attorneys. We do not address Tax Matters in your Divorce.