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 or DIY divorce. We offer cheap prices and the peace of mind of knowing that your forms are being prepared by a Texas licensed attorney. 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 to all the terms, it is not an agreed divorce. You must contact an attorney in that situation.
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
* There is no exact way, per se, in which the division of property or debt is done. You and your spouse can agree to a division of property and debt different from the one illustrated above. The key in negotiating the division of property with your spouse is whether the agreement is "fair" or "equitable." Sometimes, each party keeping what that party has in his/her possession may not be the fair and equitable thing to do. In that scenario, prior to coming to Law Offices of Omonzusi Imobioh to draft your divorce documents, you and your spouse should have already worked out the fine details of the agreement and Attorney Imobioh will gladly put that agreement to writing in your divorce documents.
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). Usually, the person 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 health insurance.
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
Possession and Access (Child Custody and Visitation): You and your spouse agree on the terms of the visitation. Absent mutual agreement, you and your spouse will have to follow the Standard Possession Order, if the Standard Possession Order is in the best interest of the child in your situation.
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
Under the Texas Family Code §154.125 the guidelines for child support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection
(a-1), whichever is greater.
(a-1)The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning
September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, "consumer price index" has the meaning assigned by Section 341.201, Finance Code.
(a-2)The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013.This subsection expires September 1, 2014.
(b)if the obligor's monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
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+ children Not less than the amount for 5 children
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. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.
Net resources are determined by deducting the following from the obligor's income:
1.Social Security Taxes;
2.Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3.State Income Tax;
4.Union Dues (if such deductions are being withheld); and
5.Expenses for Health Insurance Coverage for Obligor's Child(ren) (if such deductions are being withheld).
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.
Child Support Calculator*
Fees For Divorce Yourself Forms*
Divorce with no children, no property: $250
Divorce with no children, property: $275
Divorce with children, no property: $290
Divorce with children and property: $315
The actual fees charged 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.
Attorney Omon Imobioh is not a tax attorney. We do not address tax matters in your divorce.