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I filed my divorce paperwork at the court last year in

I filed my divorce...

I filed my divorce paperwork at the court last year in march. I never completed the mediation and final paperwork. Do I have to start from scratch?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

I did file at the family court. I have given him his copy and he signed it. I did
the parenting class, I filled for child support, and I need to update the child support affidavit. I also have the numbers for debt to be divided.

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, My ex is in California. I have done most of the requirements but do not know what he needs to do and he is not very compliant

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Answered in 2 minutes by:
3/15/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,316
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good evening,

Unless the case has been dismissed by the court, you do not have to start over. Generally, before a court will dismiss a case for inactivity, they will send notice to the parties to "show cause" as to why there has been such a delay, and only then if a party doesn't respond or cannot provide cause, would they dismiss it.

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Customer reply replied 5 months ago
Ok, does he have to be present and does he have to agree with the debt division before the divorce with be granted?

Did you file an uncontested divorce, where in his answer he acknowledged that he is in agreement with everything? Or did he file an answer to the divorce petition disputing things?

If the parties cannot agree on all the terms and enter into a marital settlement agreement, then the case would eventually end up in front of a judge to decide. If this is uncontested, it's the matter one of hearing, and his attendance isn't necessary. You as the petitioner could show up alone.

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Customer reply replied 5 months ago
Ok great, Yes it is uncontested and He signed it but at that time it did not contain the final numbers for debt division.

The debt should be straightforward. California as you know is a community property state, so any debt acquired during the marriage (regardless of whom acquired it) should be divided equally between you, unless the two of you come to your own private agreement.

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Customer reply replied 5 months ago
I told him i would send it in email form and he could let me know if he agrees. How do i present it for court?
Customer reply replied 5 months ago
I filed in Texas.. do the same laws apply?

I don't want to give you misinformation. Texas is indeed a community property state, but since I am not familiar with how you would specifically present that information to the court in this situation where it wasn't part of the original divorce petition I'll opt out and open up the question up to other attorney experts who may be more familiar with Texas law.

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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,822
Experience: 30 years as a family law lawyer .
Verified

Two ways to do this, either a written settlement agreement here or you have judge divide it all.

Forms for written settlement

https://www.ilrg.com/forms/divorce-mc-setag/us/tx

Call the court clerk and you either tell them its settled and uncontested or you set it for trial and division.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.Prayers to you with all.I know it can be overwhelming.

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More reference

In Texas, there are two ways to establish the terms of a divorce: (i) by going to court, and (ii) by entering into a martial settlement agreement.

Spouses who are unable to resolve their differences with regard to property division, financial support and other matters will need to go to court and present their respective positions to a judge. After listening to both spouse’s arguments, the judge will then issue an order establishing the terms of their divorce.

This leaves the outcome of the divorce open to question; and, in many cases, the outcome will not fully satisfy either spouse’s needs or expectations. However, this is the nature of an adversarial divorce, and it reflects the inherent limitations of relying on a third-party decision-maker instead of working to achieve an amicable resolution.

Due to the risks, time commitment, and expense involved in adversarial divorces, many couples – even those who seem to be completely at odds – choose instead to settle their divorces out of court.

In Texas, separating couples can finalize all of the legal aspects of their divorce in what is known as a “marital settlement agreement.” Once the court approves a marital settlement agreement (which is usually a straightforward process), the terms of the agreement become the final binding order establishing the terms of the divorce.

Marital Settlement Agreements – Key Terms

In a typical divorce, there are several issues to be resolved. The primary issues we have discussed at length previously, including:

However, there are a number of other issues to be addressed as well. While these issues may ultimately fall under the primary areas listed above, they require careful consideration both independently and in conjunction with the other aspects of your divorce settlement:

  • Division of debts
  • Payment of health insurance premiums
  • Splitting retirement accounts and pensions
  • Who gets to keep the family home
  • Tax-related issues

A comprehensive marital settlement agreement will cover all of these topics and more in order to provide a solid foundation for each spouse to begin his or her separate life after the divorce.

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You may want to go see court clerk face to face see if it is still active and wasn't dismissed, read the divorce file, and go from there trying to get signed settlement agreement out of ex here.Thanks.

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Customer reply replied 5 months ago
Okay that will work! Thank you very much for all your assistance!!!

You are so welcome.Thanks for rating 5 stars at top of page.

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