Family Law ServicesWe offer affordable high quality legal representation in the following areas of Family Law:
Uncontested Divorces; Contested Divorces; Do It Yourself Divorce Forms; Child Support Establishment; Child Custody; Child Support and Child Custody Modification Paternity; Name Change (Adult and Minor); Adoption (Adult and Minor); Assisted Reproduction Gestation Agreements; Attorney General Cases; Child Protective Services Cases; and Other Family Law Matters. |
Uncontested Divorces
Affordable Uncontested Divorce Attorney in Houston, Harris County; FortBend County;Montgomery County, and Surronding Counties!
Disclaimer:If there are any specific questions that you need answers to that are not presented here, call or email us! No Attorney Client Relationship is created until we have been retained!
The articles presented here are not meant to be legal advice but for informational purposes only! Since the law is very fluid, the law might have changed since the articles presented on this website were first written. Use these information at your own risk!
What is an uncontested divorce?
An uncontested divorce is one in which you and your spouse agree over everything. Your spouse signs a waiver of citation document without the neccessity of having him or her served by a deputy constable or a process server. Your spouse also signs the divorce decree (the divorce can still be concluded without your spouse's signature on the decree). After the statutory waiting period, on day 61, you go before the judge to prove up the divorce. Both of you do not need to be present in court. The presence of one spouse in the court is enough to finalize the divorce.
There are several advantages to the uncontested divorce. To name a few of the advantages, it is fast, cheap, and you and your spouse walk away as friends! With uncontested divorces, there is more predictability. You have more control over the length of time that it takes to complete your divorce.
Are you interested in the uncontested divorce process?
Then call us. We have two options:
Option 1: Divorce Yourself!
We draft your paper work, you file and do the rest. Sample rate is $150 for uncontested divorce with no children. You file. Call to find out how much it costs for other situations.
Option 2: We draft your paper work
We draft your paper work and we hang in there with you until your divorce is finalized.
Tell us your situation.
For example:
Uncontested, no children, no property.
Uncontested with children, no property
Uncontested with children and property
Uncontested, cannot find the other spouse (Location not known).
Every body's situation is not the same. If you are willing to agree to
the terms of the divorce but the other party does not want to cooperate with
you, it probably is not an uncontested case.
Our fees are reasonable. We also handle contested cases!
Disclaimer:If there are any specific questions that you need answers to that are not presented here, call or email us! No Attorney Client Relationship is created until we have been retained!
The articles presented here are not meant to be legal advice but for informational purposes only! Since the law is very fluid, the law might have changed since the articles presented on this website were first written. Use these information at your own risk!
What is an uncontested divorce?
An uncontested divorce is one in which you and your spouse agree over everything. Your spouse signs a waiver of citation document without the neccessity of having him or her served by a deputy constable or a process server. Your spouse also signs the divorce decree (the divorce can still be concluded without your spouse's signature on the decree). After the statutory waiting period, on day 61, you go before the judge to prove up the divorce. Both of you do not need to be present in court. The presence of one spouse in the court is enough to finalize the divorce.
There are several advantages to the uncontested divorce. To name a few of the advantages, it is fast, cheap, and you and your spouse walk away as friends! With uncontested divorces, there is more predictability. You have more control over the length of time that it takes to complete your divorce.
Are you interested in the uncontested divorce process?
Then call us. We have two options:
Option 1: Divorce Yourself!
We draft your paper work, you file and do the rest. Sample rate is $150 for uncontested divorce with no children. You file. Call to find out how much it costs for other situations.
Option 2: We draft your paper work
We draft your paper work and we hang in there with you until your divorce is finalized.
Tell us your situation.
For example:
Uncontested, no children, no property.
Uncontested with children, no property
Uncontested with children and property
Uncontested, cannot find the other spouse (Location not known).
Every body's situation is not the same. If you are willing to agree to
the terms of the divorce but the other party does not want to cooperate with
you, it probably is not an uncontested case.
Our fees are reasonable. We also handle contested cases!
Divorce Yourself
The decision to get a divorce is not an easy decision. A divorce could be an emotional and economically draining process. We at Law Offices of Omonzusi Imobioh understand. That is why we offer you the option to do your own divorce. We offer cheap prices and the peace of mind of knowing that your forms are being prepared by a legal professional. Submitting the wrong forms can delay the process and can cost you a lot of money in the long run. Why leave your fate to a company located outside the State of Texas that will offer you generic forms but does not know the requirements under Texas law?
If you and your spouse agree to all the terms of the divorce, you may be able to complete the divorce process yourself. We will complete the correct forms for you and even tell you what to do in order to finalize the divorce. The only thing that we will not do is follow you to Court to file the case or “prove it up” before the judge. If you and your spouse cannot agree, it is not an agreed divorce. You must contact an attorney in that situation.
What are the terms that you and your spouse must agree to?
Divorce without children. No Property or Minor Property
1. Your spouse signs the waiver of citation. By signing the waiver of citation, your spouse is saying that he/she does not want to be served by a Constable, Sherriff Deputy, Private Process server, etc. He may also waive appearing in court.
2. Property and Debt Division: You basically agree to keep your property; your spouse keeps his or her property. With regards to debts, you pay the debts that are in your name and your spouse pays the debts that are in his or her name. In the case of joint debts, you and your spouse must agree on who is going to be responsible for those.
Divorce with Children. No property or minor property
1. Your spouse signs the waiver of citation.By signing the waiver of citation, your spouse is saying that he/she
does not want to be served by a Constable, Sherriff Deputy, Private Process server, etc. He may also waive appearing in court.
2. Property and Debt Division. You basically agree to keep your property; your spouse keeps his or her property. With regards to debts, you pay the debts that are in your name and your spouse pays the debts that are in his or her name. In the case of joint debts, you and your spouse must agree on who is going to be responsible for
those.
3. Provisions Relating to the Children
Child Support. You and your spouse agree on who is going to pay child support and the amount of
child support that is to be paid.
Medical Support (Health Insurance). Usually, the person required to pay child support is also required to maintain medical insurance for the child. You and your spouse can agree on who is going to carry health insurance.
Best interest of the Child. Whatever you and your spouse agree to must be in the best interest of the child.
The Court is most likely not going to approve an agreement that is not in the best interest of the child
Possesion and Access (Child Custody and Visitation): You and your spouse agree on the terms of the
visitation. Absent mutual agreement, you and your spouse will have to follow the Standard Possession Order.
Child Support Guideline is presumed to be in the best interest of the child. The Court will occasionally deviate from the Child Support Guidelines in situations where it deems that the application of the Guidelines would be unjust or inappropriate.
Child Support Guideline
Under the Texas Family Code §154.125 the guidelines for child support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection
(a-1), whichever is greater.
(a-1)The dollar amount prescribed by Subsection (a) above is adjusted every six years as
necessary to reflect inflation.The Title IV-D agency shall compute the adjusted amount, to take effect beginning
September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.The
Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.For purposes of this subsection, “consumer price index” has the meaning assigned by
Section 341.201, Finance Code.
(a-2)The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013.This subsection expires September 1, 2014.
(b)if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of the first $7,500 of Obligor's Net Resources
2 children 25% of the first $7,500 of Obligor's Net Resources
3 children 30% of the first $7,500 of Obligor's Net Resources
4 children 35% of the first $7,500 of Obligor's Net Resources
5 children 40% of the first $7,500 of Obligor's Net Resources
6+ children Not less than the amount for 5 children
Adjustments are made to the percentages above in situations where the obligor has children in multiple households i.e. in situations where the obligor either has other children living with him at home that he is supporting or if he has other children outside of the home that he is currently paying child support for. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.
Net resources are determined by deducting the following from the obligor’s income:
1.Social Security Taxes;
2.Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3.State Income Tax;
4.Union Dues (if such deductions are being withheld); and
5.Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
Obligor: The Obligor is the person who is ordered to pay child support.
Obligee: This is the person to whom child support is ordered paid for the benefit of the child. This is usually the parent that the child lives with.
Child Support Calculator
We have provided a link to a Child Support Calculator. This link is being presented for informational purposes only. We do not make any representation as to the currency or the accuracy of the calculator.
Child Support Calculator*
Fees For Divorce Yourself Forms*
Divorce with no children, no property: $150
Divorce with no children, property: $175
Divorce with children, no property: $190
Divorce with children and property: $215
The actual fees charged may vary from the prices quoted above for divorces with more complicated
or peculiar fact patterns.
*If you have Retirement Benefits, we do not draft QDROs or Qualified Domestic Relations Orders. We will refer you to someone who drafts QDROs.
We are not Tax Attorneys. We do not address Tax Matters in your Divorce.
If you and your spouse agree to all the terms of the divorce, you may be able to complete the divorce process yourself. We will complete the correct forms for you and even tell you what to do in order to finalize the divorce. The only thing that we will not do is follow you to Court to file the case or “prove it up” before the judge. If you and your spouse cannot agree, it is not an agreed divorce. You must contact an attorney in that situation.
What are the terms that you and your spouse must agree to?
Divorce without children. No Property or Minor Property
1. Your spouse signs the waiver of citation. By signing the waiver of citation, your spouse is saying that he/she does not want to be served by a Constable, Sherriff Deputy, Private Process server, etc. He may also waive appearing in court.
2. Property and Debt Division: You basically agree to keep your property; your spouse keeps his or her property. With regards to debts, you pay the debts that are in your name and your spouse pays the debts that are in his or her name. In the case of joint debts, you and your spouse must agree on who is going to be responsible for those.
Divorce with Children. No property or minor property
1. Your spouse signs the waiver of citation.By signing the waiver of citation, your spouse is saying that he/she
does not want to be served by a Constable, Sherriff Deputy, Private Process server, etc. He may also waive appearing in court.
2. Property and Debt Division. You basically agree to keep your property; your spouse keeps his or her property. With regards to debts, you pay the debts that are in your name and your spouse pays the debts that are in his or her name. In the case of joint debts, you and your spouse must agree on who is going to be responsible for
those.
3. Provisions Relating to the Children
Child Support. You and your spouse agree on who is going to pay child support and the amount of
child support that is to be paid.
Medical Support (Health Insurance). Usually, the person required to pay child support is also required to maintain medical insurance for the child. You and your spouse can agree on who is going to carry health insurance.
Best interest of the Child. Whatever you and your spouse agree to must be in the best interest of the child.
The Court is most likely not going to approve an agreement that is not in the best interest of the child
Possesion and Access (Child Custody and Visitation): You and your spouse agree on the terms of the
visitation. Absent mutual agreement, you and your spouse will have to follow the Standard Possession Order.
Child Support Guideline is presumed to be in the best interest of the child. The Court will occasionally deviate from the Child Support Guidelines in situations where it deems that the application of the Guidelines would be unjust or inappropriate.
Child Support Guideline
Under the Texas Family Code §154.125 the guidelines for child support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection
(a-1), whichever is greater.
(a-1)The dollar amount prescribed by Subsection (a) above is adjusted every six years as
necessary to reflect inflation.The Title IV-D agency shall compute the adjusted amount, to take effect beginning
September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.The
Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.For purposes of this subsection, “consumer price index” has the meaning assigned by
Section 341.201, Finance Code.
(a-2)The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013.This subsection expires September 1, 2014.
(b)if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of the first $7,500 of Obligor's Net Resources
2 children 25% of the first $7,500 of Obligor's Net Resources
3 children 30% of the first $7,500 of Obligor's Net Resources
4 children 35% of the first $7,500 of Obligor's Net Resources
5 children 40% of the first $7,500 of Obligor's Net Resources
6+ children Not less than the amount for 5 children
Adjustments are made to the percentages above in situations where the obligor has children in multiple households i.e. in situations where the obligor either has other children living with him at home that he is supporting or if he has other children outside of the home that he is currently paying child support for. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.
Net resources are determined by deducting the following from the obligor’s income:
1.Social Security Taxes;
2.Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3.State Income Tax;
4.Union Dues (if such deductions are being withheld); and
5.Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
Obligor: The Obligor is the person who is ordered to pay child support.
Obligee: This is the person to whom child support is ordered paid for the benefit of the child. This is usually the parent that the child lives with.
Child Support Calculator
We have provided a link to a Child Support Calculator. This link is being presented for informational purposes only. We do not make any representation as to the currency or the accuracy of the calculator.
Child Support Calculator*
Fees For Divorce Yourself Forms*
Divorce with no children, no property: $150
Divorce with no children, property: $175
Divorce with children, no property: $190
Divorce with children and property: $215
The actual fees charged may vary from the prices quoted above for divorces with more complicated
or peculiar fact patterns.
*If you have Retirement Benefits, we do not draft QDROs or Qualified Domestic Relations Orders. We will refer you to someone who drafts QDROs.
We are not Tax Attorneys. We do not address Tax Matters in your Divorce.
Gestation Agreements
The Texas Family Code provides an avenue for married couples who would otherwise be unable to have children, to enlist the assistance of a third party known as a gestational mother or carrier to conceive and deliver the couple's baby to term. The intended mother of the child has to have a letter from a doctor stating that she cannot carry a child to term without medical concerns. The parties execute a document known as the gestational agreement. The gestational mother's only relationship with the child is a "carrier." Otherwise, the gestational mother does not have a biological relationship with the unborn child. In other words, a gestational mother's eggs cannot be used in the process. A petition to validate the agreement must then be filed with the court. There is a 90 day residency requirement for either the intended parents or the gestational mother. Within 300 days of implantation (upon birth of the child), the intending parents must then present themselves before the Court for final orders.
Assisted Reproduction
Thanks to advancement in modern technology, individuals who could otherwise not be able to have children in the traditional way can now have children through the means of assisted reproductive technology. Assisted reproductive technology refers to advanced technique of achieving fertilization through artificial fertilization or partial artificial fertilization.
Frequently Asked Questions on Assisted Reproduction Law in Texas
Is the donor the parent of a child conceived by means of assisted reproduction?
No. A donor is not a parent of a child conceived by
means of assisted reproduction.
Is the husband the father of a child conceived by assisted reproduction?
If a husband provides sperm for or consents to assisted reproduction by his wife, the husband is the father of the resulting child.
How should married people consent to assisted reproduction?
Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a licensed physician. This requirement does not apply to the donation of eggs by a married woman for assisted reproduction by another woman.
What if a husband failed to consent to assisted reproduction?
Failure by the husband to sign a consent required above before or after the birth of the child does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own.
What is an unmarried man’s paternity of child of assisted reproduction?
If an unmarried man, with the intent to be the father of a resulting child, provides sperm to a licensed physician and consents to the use of that sperm for assisted reproduction by an unmarried woman, he is the father of the resulting child.
Consent by an unmarried man who intends to be the father of a resulting child must be expressed in a record signed by the man and the unmarried woman and kept by a licensed physician.
Can a husband dispute paternity of a child born by means of assistedreproduction?
A husband is limited in his ability to challenge the paternity of a child born by means of assisted reproduction. A husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
1. He files a paternity action before the fourth anniversary of the date that he learned about the birth of the child; and
2. The court finds that he did not consent to the assisted reproduction before or after the birth of the child
A husband may file a paternity suit at any time if the
court finds the following:
1. The husband did not provide sperm for or, before or after the birth of the child, consent to assisted
reproduction by his wife;
2. The husband and the mother of the child have not lived together since the probable time of assisted reproduction; and
3. The husband never openly treated the child as his own.
What is the effect of dissolution of marriage on assisted reproduction?
If a marriage is dissolved before the placement of the eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record kept by a licensed physician that if assiste reproduction were to occur after a divorce, the former spouse would be a parent of the child.
Can consent to assisted reproduction be withdrawn by a former spouse?
Consent to assisted reproduction may be withdrawn by that individual in a record kept by a licensed physician at any time before the placement of the eggs, sperm, or embryos.
What is the parental status of a deceased spouse?
If a spouse dies before the placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record kept by a licensed physician that if assisted reproduction were to occur after death the deceased would be a parent of the child.
No. A donor is not a parent of a child conceived by
means of assisted reproduction.
Is the husband the father of a child conceived by assisted reproduction?
If a husband provides sperm for or consents to assisted reproduction by his wife, the husband is the father of the resulting child.
How should married people consent to assisted reproduction?
Consent by a married woman to assisted reproduction must be in a record signed by the woman and her husband and kept by a licensed physician. This requirement does not apply to the donation of eggs by a married woman for assisted reproduction by another woman.
What if a husband failed to consent to assisted reproduction?
Failure by the husband to sign a consent required above before or after the birth of the child does not preclude a finding that the husband is the father of a child born to his wife if the wife and husband openly treated the child as their own.
What is an unmarried man’s paternity of child of assisted reproduction?
If an unmarried man, with the intent to be the father of a resulting child, provides sperm to a licensed physician and consents to the use of that sperm for assisted reproduction by an unmarried woman, he is the father of the resulting child.
Consent by an unmarried man who intends to be the father of a resulting child must be expressed in a record signed by the man and the unmarried woman and kept by a licensed physician.
Can a husband dispute paternity of a child born by means of assistedreproduction?
A husband is limited in his ability to challenge the paternity of a child born by means of assisted reproduction. A husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
1. He files a paternity action before the fourth anniversary of the date that he learned about the birth of the child; and
2. The court finds that he did not consent to the assisted reproduction before or after the birth of the child
A husband may file a paternity suit at any time if the
court finds the following:
1. The husband did not provide sperm for or, before or after the birth of the child, consent to assisted
reproduction by his wife;
2. The husband and the mother of the child have not lived together since the probable time of assisted reproduction; and
3. The husband never openly treated the child as his own.
What is the effect of dissolution of marriage on assisted reproduction?
If a marriage is dissolved before the placement of the eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record kept by a licensed physician that if assiste reproduction were to occur after a divorce, the former spouse would be a parent of the child.
Can consent to assisted reproduction be withdrawn by a former spouse?
Consent to assisted reproduction may be withdrawn by that individual in a record kept by a licensed physician at any time before the placement of the eggs, sperm, or embryos.
What is the parental status of a deceased spouse?
If a spouse dies before the placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a record kept by a licensed physician that if assisted reproduction were to occur after death the deceased would be a parent of the child.