Thanks again to everyone whom responded to my question about divorce and the house...although we kinda figured my brother might have to get a lawyer, we were wondering if he should file for the divorce to have it documented without a lawyer, seems it would be less expensive to do so??? State of Texas is a 50/50 state. For over three years now,(after he stopped paying the house payment) they have not contacted one another for anything, they have no checking or saving account, she has a car in her name. He asked for a divorce and she is fine with it, wants to change her name to something totally different. Yet, every time he brings up the divorce or when he has taken her paperwork for her to sign, she has not done so stating the wording is different on the paperwork from Travis county vs. Williamson county-I think she is stalling.......She really did a number on him and he still 'freaks' out about having to visit her.
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Just get an attorney to draw up the papers and file them. That should freak her into signing. If it doesn't it is really worth it to pay an attorney to deal with the drama anyway.
It's probably cheaper to get a lawyer from the beginning. Unless Texas is different, the court fees are the same whether you have a lawyer or not, so he won't save any money there, and if he files without a lawyer and then gets a lawyer, the lawyer is just going to charge him to review all the previously filed materials and possibly have to make amended pleadings with the court if your brother did something wrong on the intitial filing. I know lawyers are expensive, but it maybe worth it to prevent future legal troubles.
sorry - if there is property involved - i would DEFINITELY get a lawyer involved...especially if she's stalling and if she won't sign...
tell him to pull his credit report to ensure she hasn't taken credit cards that he doesn't know about in his name...and jacked 'em up...
I would NOT try to save money and do it myself - I would hire a lawyer and make sure it's all done by the book...get the house sold or buy her out and be done with her and her wicked ways!!!
Get a lawyer. My husband filed for divorce in TX (his first wife) and the lawyer handled all of the paperwork, court date, etc for very little $. Granted, no kids and barely any property and it wasn't contested. If he anticipates any issues from her, i.e., refusing to sign paperwork, custody arrangements, the house, then he needs to get a lawyer.
TX also has a 3-month "cooling off" period. So from the date the papers are filed your court date is 3 months later for the decree. So don't wait too long!!
Get a lawyer! If she is refusing to sign paperwork he will have to file for contested divorce. That will cost more than if it was non contested.
Sounds like she wants him to file in a different county. Not sure if there is a benefit in that or not. She may beat him to the punch. The initial filing should be no big deal whether he does it or an attorney but he definitely needs to get an attorney. When I went through my divorce in Travis County, my attorney filed and it wasn't a big expense. However, you can get the the forms on-line and file that yourself pretty easily. I wouldn't do the rest by myself without an attorney. I strongly suggest he call an attorney and do the inital consult which is usually free. He/She can advise him to what the laws really are. I know both my ex and I had a lot of misconceptions about what the laws were in Texas. He needs to know his rights.
