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Joined: Apr 2000
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I have my first meeting with an atty this Thursday. I live in Texas. I'd like some feedback on my current understanding of 'the process.' Here's what I *think* I know about it.

Divorce can be contested or uncontested. To file uncontested papers, both parties must be in agreement and having atty's is optional. At the time papers are filed, both spouses have already signed, so there's no need for one spouse to 'be served.' If uncontested isn't an option, one spouse may file contested papers. An attorney draws up the papers, the filing spouse signs, the papers are filed at the courthouse, and the other spouse is served. How am I doing so far?

The next part is less clear to me. My prospects of obtaining an uncontested appear to be mighty slim, so let's say I'm the filing spouse. Ok, so I get papers drawn up, I sign, I file, stbx gets served. It's my understanding that he has the option of refusing to sign anything and refusing to respond (he's passive aggressive, so I see it in the realm of possibilities). If that happens, it's my understanding that the papers I filed would go through as is and the divorce would be final on the 60th day. Am I dreaming here?

Should he choose to respond, he would.... need an attorney and the attorney would rewrite the papers and send them back?? Then it's my turn to accept or reject the rewrite? And back and forth until we have papers we're both willing to sign?

I realize a lot of things are different from state to state, but I sure hope these are basic enough for people everywhere to have helpful comments for me.

Joined: Feb 2002
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</font><blockquote><font size="1" face="Verdana, Arial">quote:</font><hr /><font size="2" face="Verdana, Arial"> Am I dreaming here?
</font><hr /></blockquote><font size="2" face="Verdana, Arial">YES!
Just because he doesn't respond doesn't mean its over. You'd still have to complete the property settlement agreement before the D is final.
And Thank God you don't have kids.
I filed 3/02 completed 8/03.
My thoughts:
Get an attorney who will use e-mail.
Draw up as much as you can yourself.
My atty suggested I draft a marital narrative so that she could develop ideas for the filing from it.
Good Luck.

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Thanks newly for the marital narrative suggestion. I'll work on that before Thursday. I don't understand how I'd ever reach a property settlement agreement with my stbx.

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Another question I have is in regard to financial statements. The divorce kit I've been using to get my feet wet provides a form for him and one for me. How is one asset listed on two different financial statements?


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