QUESTION

Do I need a lawyer if I want a divorce that involves kids no property but are in full agreement?

Asked on Feb 04th, 2020 on Divorce - Texas
More details to this question:
My ex and I have been separated for over 6 years and I give her money every week for the kids and are in agreement with custody. I filed papers on divorce writer but I wasn't sure if that was a site that I should follow through on.
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1 ANSWER

International Mediation Attorney serving Plano, TX
1 Award
The short answer is yes. If kids are involved, then I highly recommend you have an attorney draft your final divorce decree. If you do not, then you are likely to have costly issues come up in your future. Often, those costs can exceed the price of hiring an attorney to draft paperwork correctly in the first place.  For instance: Your final decree may be rejected by the judge and you will be forced to try to figure out why plus miss additional days of work to come back for another prove-up.  An experienced family law attorney can help draft language that you might not think of on your own or find in any standardized forms. Most standardized forms do not contain everything you should have in a final decree.  If your agreement has ambiguities, then future disagreements can lead to costly modifications.  Finally, there is no such thing as legalized separation in Texas. During all the time you have been living separately, you are still accumulating community property assets/debts.  If these assets/debts are not divided in the divorce decree, then they are subject to future just and right division.   While it is possible you could do this correctly on your own, it is extremely unlikely.  I would expect to spend some quality time researching Texas Family Code and in your local law library if you decide to do it on your own. If you and your spouse are truly in agreement, then an attorney should be able to discuss your case in a consultation and give you a price to draft agreed paperwork. 
Answered on Feb 06th, 2020 at 2:43 PM

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