- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

Lawyers and expense go hand in hand. There is no doubt about it, lawyers are expensive. More importantly divorce lawyers can be even more expensive. There can be nothing worse than paying a lawyer to help legally discontinue marriage, which has been a foundation of your life for a long time. You are actually making a change to your life, which you don’t like, and you are actually paying somebody to do it for you! There are quite a few people who think along these lines. Such people will feel that they have been handed a golden cup, if we tell them that, yes its possible to get a divorce without a lawyer.

The Pro Se Divorce

Another word for this would be the ‘Do It Yourself Divorce”. Of course, both the partners must be in agreement with this way of doing things and more importantly there are only certain conditions wherein the Pro Se divorce is applicable. All in all this type of divorce, which precludes the need for any attorney requires that both the parties fill up the divorce papers themselves and not hire a lawyer to do so. It must also be said the fact that you are not hiring a divorce lawyer might not be a good option for anybody and everybody.

The Criteria to Be Fulfilled

To file for a Pro Se divorce, the divorce must not be contested by both the parties with respect to assets, property, or children. With regards to the children, they must be of a legal age and thus should also have no involvement in the divorce case. In marriages there are always various investments made during the course of the marriage, or debts incurred over a period of time. However, when it comes to a Pro Se divorce there must no investment such as pension options, retirement options, stocks or deposits associated with any of the partners.

This is because alimony is not included in the process of a Pro Se Divorce. If you want to deal with alimony issues then its best that you get a lawyer for the same.

A Few Rules

It is necessary that both parties must agree to a Pro Se divorce and you can’t have the husband opting for such a divorce, while the wife hires a lawyer for the proceedings. If one or both of the spouses are in the military then they cannot file for divorce under this option.

If there has been a history of mental and physical abuse by one partner on the other, or by both the partners on one another, then such divorce cases do not come under the purview of a Pro Se divorce. Another pre condition for a Pro Se divorce is that both partners must be well off after the divorce proceedings are over and not look for financial support from one another.

The Advantage of ‘No Lawyer’ Divorce

As aforementioned, hiring a divorce lawyer is an expensive business. Therefore a divorce without a lawyer saves both parties a lot of money when it comes to lawyer’s fees. However, it would be a good idea if you know all the legalities of this type of divorce before you initiate the proceedings. You should have a clear idea about all the documentation work and the kind of information that will be needed.

Dealing with the divorce is difficult but fortunately there is a great resource to help men cope with the divorce. Find it here.

- No Fault Uncontested Divorce Forms
- Marital Settlement Agreement

There is yet another category of foreclosure that reigns commonly in Austin, TX. Houses going into foreclosure or auctioned for sale are due to Divorce settlements.

Partners dissolving their marital relationship may find it quite difficult to straighten out their financial disputes. The spouse who has the slightest clue of separation or is not willing to divorce is least prepared for the results and effects of the divorce. While the partner who initiates the proceedings has the privilege of planning settlement terms ahead of time, the other spouse who is either demoralized, monetarily broken or is of a lower earning caliber, finds it quite hard to settle financial disputes over divorce.

If you are reading this, chances are that you might be navigating against a similar storm of complications. For the benefit of my Austin homeowners, I’ve always emphasized on the value of monitoring your score. A damaged or poor credit score can be a serious result of foreclosure. Also poor credit rating can also reduce your possibilities of obtaining other rescue loans. If you are going through a divorce settlement and wanting to stop a foreclosure, your foremost duty now is to know your credit rating. Review and analyze your credit report online.

If your divorce settlement involves your children, the court will create child support orders that lay conditions on payment, custody and protection, which falls in the best interest of the child. The court orders will control the complete rules of your kid’s health insurance, child support payments and visiting schedules. Usually the order equally delegates child support payment and guardianship rights between the divorce partners. Sometimes the parent who has the complete custody of the child can’t afford to make the mortgage payments. The court will often times order the non-primary spouse to contribute more to keep the children in the family home. Delinquent spouses usually will have to make up back house payments.

Petitioners in the Austin, TX Travis County region may find their divorce petition disputes being settled over a period of up to one year. Given the longevity of the case, the Judge may issue an emergency order that compels either one or both partners to fulfill their obligations towards mortgage payments. In addition the judge may order the defaulted house payments be paid by the spouse who initiated divorce.

If a divorce has handicapped your financial credibility and you want to stop your foreclosure, you can proceed to legally petition monetary support from your spouse.

* Negotiate with your spouse on making the mortgage current. If he or she is unwilling to abide, softly notify him/her about your plans to hire an attorney who could legally arbitrate the situation.

* Hire a lawyer and educate him/her on every detail about the current status and equity rights over the mortgage. Provide all documents, contracts copies and mail communications that can support your petition and advocate your rights over securing the mortgage.

* If your income does not allow you to hire an attorney, take leverage of your state law that could have provision for your delinquent spouse to cover up all legal charges, including your attorney’s fees.

* If the court sets an order for your divorcing spouse to pay off the mortgage loan, request the judge to permit you to contribute payments for those months your spouse has defaulted. It is better to request temporarily restriction against the lender from initiating foreclosure, than to lose the house on auction sale.

If in case your ex-spouse fails to make the mortgage current, the lender should be aware of the alternatives recommended by the court. Bear in mind, to constantly update your lender about all legal proceedings being negotiated with your ex-spouse on mortgage settlements. Send photocopies of all court orders to the lender for documentation against your mortgaged house.

Dwayne Clark is a Chairman of The Troubled Homeowner Organization. Dwayne helps homeowners in the Austin,Texas area overcome difficult situations that may arise during home ownership. Dwayne and The Troubled Homeowner Organization believes in the sharing of knowledge and information to help others succeed. On our website TroubledHomeowner.com, you will be able to find several articles, do it yourself guides and videos that will arm homeowners with knowledge and power to change their situation. Don’t hesitate to contact us. Our organization will do its best to help you solve your Real Estate Problems.

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