abc's of filing -- help me understand - 09/15/03 07:39 PM
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.
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.