Family Law
Eligibility for a “Simple Divorce”
- A simple, or uncontested, divorce is always encouraged as a cost effective way to achieve the goal of separation. However, not every divorce can qualify.
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If you meet the following criteria, Edwards Law, PLLC may be able to help you with your “simple divorce”:
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Both parties live in Texas, and have lived in Texas the previous 6 months; and
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Both parties agree on the division of all real property and marital assets, including cash, vehicles, homes, and savings accounts; and
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No children of the marriage, or if you have children;
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Both parties live within 100 miles of each other; and
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Both parties have agreed on the standard possession custody agreement; or
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Both parties have agreed to a customized possession schedule.
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Common Law Marriage and Divorce
In Texas, common law marriage is called “Informal Marriage,” and has the same legal effect as a ceremonial marriage, or “Formal Marriage”. The following are the requirements of common law marriage:
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Both parties must be over 18 years of age;
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Not otherwise married;
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Agree to be married;
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Hold themselves out to others as married; and
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Live together in Texas, or have lived together within the past two years
Consequently, a divorce may be necessary to end the common law marriage, and divide commonly owned property.
Costs Associated with Divorce
One of the benefits of an uncontested divorce is that it typically costs much less than going to trial. Leading up to trial you can expect to spend money on attorneys fees and costs of litigation for requesting and responding to discovery, depositions, and mediation. Often, an uncontested divorce can lead to a savings of tens of thousands of dollars. Apart from the attorney’s fee, a divorce typically requires the following fees:
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Filing Fee
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Citation Fee
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Service Fee
Because court costs and filing fees vary from county to county, we give each potential client a quote in person. Please contact Edwards Law for a consultation.