is there a simple divorce i can get??

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is there a simple divorce i can get??

we have been separated for over 15 or more years. The kids are all over 18yrs of age. There is nothing to fight for. She walked out and has her own home with her guy. My house is the only thing we had together. But she wants no part of it. She just wants a quick divorce. Is it possible, and do we have to get lawyers for that??

Asked on November 1, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there are no children under 18 years of age and the property division is already agreed upon.... then this should be a quick and easy divorce. 
Any divorce in Texas starts with a petition.  This is what gets the process going.  It is basically one party's 'wish list' of what they want to accomplish in the divorce.  The next step is for the other party to file an answer or waiver.  Basically, this is where the other spouse tells the court, 'Hey, I'm here and I want to be notified of anything that happens.'  An answer or waiver is usually a one page document.  I usually recommend the filing of an 'answer' because it does not result in anyone giving up any part of their rights.  The last step is the entry of a final decree.  This is an order where the judge declares the divorce 'granted' and approves any agreements of the parties.  Because you have a house, you would also want her to sign a warranty deed which transfers ownership of the house to you.  This will enable you to sell or transfer the house at a later date.... if you should ever desire to do so. Texas has a sixty day 'cooling off' period.  This means that after the original petition is filed, you and your spouse must wait sixty days before you can finalize the divorce.
You don't really need an attorney to file the petition, answer, or waiver.  However, to protect your interest, it would benefit you to pay an attorney for the limited purpose of drafting the decree and the special warranty deed.  You do not have to hire the attorney for full representation....just drafting for a couple of hundred.  It will save you a great expense from having to clear the title at a later date or risking your wife coming to make a claim for the house a couple of years later if/when she should change her mind.


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