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Low Income Family Divorce Options
We invited a Family Law Attorney to chime in on a few low income divorce options. Here’s what she had to say.
Couples who live paycheck to paycheck usually have no savings to allow them to hire an attorney when they decide to divorce. People on a fixed income also have the same problem because they find it difficult to get extra money to use for divorce lawyer or court costs. So what they tend to do is continue living together in a loveless union because they fear they cannot afford a divorce.
What Are Your Options
You do not need money for you to get a divorce because there are procedures that you can follow to have the court fees waived. The procedure is specifically designed for low income people that want to end their marriages. For this reason, you have to prove that you are poor for you to get court fees waived.
You can start the process of getting the fees waived by getting the forms to file for divorce and the forms to ask for a fee waiver. The forms are available online but you can also get them from a courthouse clerk in the place you want to file. You need to have been a resident in your county continuously for 90 days for you to file in that county, and continuously for 6 months for you to file in Texas. Some of the information you need to fill in the forms include:
- Date of marriage
- Children of the marriage
- Date of marriage
- Debts
- Reason for the divorce
The spouse that wants alimony, child custody or child support, and assets must include that in the forms.
Divorce Lawyer cost
You Still Need A Lawyer
Issues such as child support, child custody, property division and more can get really complicated if you do not have any legal representation. You will have to fill the correct paperwork, call the court, and inform the other spouse about the hearing date. Representing yourself in court may actually lead to consequences that will be more costly than any lawyer fee can ever be. You need a lawyer because:
- You are more likely to get as much as you are entitled to by the law if you have a lawyer
- Your lawyer will handle your divorce case objectively without any emotional baggage
- The lawyer will be able to deal with issues that arise during the divorce process
- If you have a lawyer, your divorce may take a shorter time than if your represent yourself
- Your lawyer knows all the appropriate behavior that you need to have in court
So without a lawyer, you are at a great disadvantage, especially if your ex-spouse has managed to get a lawyer to represent them.
What To Do If You Want To Represent Yourself In Court
You will need to go to a law library to research divorce law and procedure. Then you can complete a form call the Affidavit of Inability to Pay Court costs. The District Clerk will set a date for a hearing for the affidavit where you will have to prove you qualify not to pay for court fees.
You should also check if you qualify for legal aid or pro bono services. There are several organizations in Texas that can help you get free legal representation. However, in family law cases where the government is suing you, you may be entitled to a free lawyer.
