Texas Divorce Law

Q: I've been out with a divorce case (mine) which is getting uglier by the second. Here's the deal: We already split up the posessions, and I have a way of taking care of this without getting lawyers involved (I'm in Texas). We had no kids, nor money, but she went and got a lawyer to "protect herself". She has no job, or money I could take if I wanted it. I'm about to file this week, and send her the waiver (that says she won't contest). My questions are: 1) does this waiver need to be formally served, or can it be mailed/certified mail./fed ex? 2) If she doesn't sign, what do I do then?

A: Divorce law is different from state to state, so it would be difficult to answer your questions uinless someone here knows about Texas divorce law. Generally, if there are no kids, money or property involved, the lawyers wont make too much trouble. You're probably wisest to at least talk to a lawyer for advice. Don't trust him/her. Dude: if she got a lawyer, you'd better put one on retainer as well. I guarantee her lawyer will drive the 6 hours to court, whether she's there or not. I live in Illinois, and am going through the same thing right now. The only difference is I got the lawyer--we're trying to do this in a non-adversarial way. I don't think we'll ever be friends, but we're trying to part that way. While the lawyer is technically MY attorney, he is representing both of us as far as completing paperwork and such. He made no bones about it though--he's MY attorney, and is going

to watch out for my interests. In IL we have the same court waiver; if she won't sign or goes contested I can go for the mental cruelty mode of attack. It's a loophole in the law here that is actually quicker than non-contested. The judge asks some questions the divorce decree is given. As far as property/debts, as long as you a living in different places and have already split your stuff you should be ok. Your lawyer can file the "His stuff is with him, her stuff is with her" paperwork. Money issues need resolving as well; equal splitting of debt. Don't be macho--make her pay her share. Make it fair. The main thing I have to tell ya-- GET A LAWYER