Pro Se Divorce

[propellerhead]

Got a few questions for those who have been there...

1) We started out with one of the online resources where you answer a few questions then it gives you the pre-filled forms to use for a uncontested no fault no children divorce. The package included the PETITION FOR DIVORCE, WAIVER OF CITATION and DECREE OF DIVORCE and a few other pre-filled forms that are not applicable to this case. The petition has been filed and we are in the 60 day waiting period. Can we still make changes to the DECREE OF DIVORCE? The decree has not been finalized obviously but I'm not sure if it has to match up with the petition on file.

2) We agreed to a simple division of property. Since we have been living apart for several years, the property she has with her will be hers and what's with me will be mine. The online forms have the wording for that. We also agreed not to go after each other's retirement funds today or in the future. How do we specify that we also agreed to keep our own retirement plans?

3) Texas Family Law prohibits remarriage to a third party within 30 days of a divorce. She wants to get a waiver for that prohibition. Is that a separate form or is that also written into the divorce decree?

Thanks.

[M9FAN]

Sorry to hear about this, prop. I'm currently going through this same process, so I'll be interested to see the responses from those "in the know"...

[Keith B]

You can contact the County District Clerk's office and see if they can tell you. If not, it might be in your best interest to contact a lawyer for the marriage waiver and the forfeit of retirement benefit rights. The lawyer can also look over both sides and make sure there is nothing missed. I would think a consensual decree would not be that expensive to cover.

[propellerhead]

You can contact the County District Clerk's office and see if they can tell you. If not, it might be in your best interest to contact a lawyer for the marriage waiver and the forfeit of retirement benefit rights. The lawyer can also look over both sides and make sure there is nothing missed. I would think a consensual decree would not be that expensive to cover.

That is my next step. I was hoping someone has done this and might have the right wording in their decree already. Thanks.

[cbr600]

IANAL and this is not legal advice.

1. We were making minor changes to the decree until a week or two before the court date. We did use a lawyer (family friend) but I don't know if that made a difference.

2. That's what we did. Here's a quote from the Property to Husband section of our decree:

H-4. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, stock grant, 401(k) plan, employee savings plan, accrued unpaid bonuses, accrued unpaid salary, disability plan, or other benefits existing by reason of the husband's past, present, or future employment.

H-5. All individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the husband's name.

3. No idea. Another good question for your lawyer.

[propellerhead]

2. That's what we did. Here's a quote from the Property to Husband section of our decree:

H-4. All sums, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom, and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, stock grant, 401(k) plan, employee savings plan, accrued unpaid bonuses, accrued unpaid salary, disability plan, or other benefits existing by reason of the husband's past, present, or future employment.

H-5. All individual retirement accounts, simplified employee pensions, annuities, and variable annuity life insurance benefits in the husband's name.

That's the stuff I was looking for but it does seem too complex for me to just wing it. Hers is military retirement so I would have to guess on how to word that properly. I was talking to my spousal unit earlier and brought this up. Even though we both stated again that we will not go after each other's retirement plans, we agreed that's it's probably better to have it covered in the decree. We'll look around Fort Worth for a divorce lawyer who can review our decree with us.

[KBCraig]

Once the divorce is issued, you're no longer a party to what she does, so you can't waive any minimum time before remarriage. That's between her and the State of Texas.

If she wants to be married that same day, she can hustle on over to Texarkana, Arkansas, where there's no waiting period. She can show up at the Miller County courthouse, get a license, and there's usually a judge, JP, or preacher on hand to perform the nuptials on the spot; if not, they have a phone list and will call one in.