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Divorce Question

Divorce Question

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by: sas_6197 Active Indicator LED Icon  OP  New Member
~ 8 years ago   Mar 4, '16 10:58am  
I know most of Kingwood is considered Harris County, but I was hoping to get a little help from people regarding a rough divorce I'm going through. My divorce is through Montgomery County, and I've had little to no help from the reference attorney and district clerk's offices. I filed for divorce in early August, filed all necessary paperwork and had my husband served, as he refused to be civil and make this a simpler process than it has been. He did not file an answer once served, and the case became a "default" case. I had a court date set for mid-October in which I did not expect he would show. But to my surprise he showed up over an hour late and because of that, his presence was considered an answer by the courts. The judge ordered that we attend mediation with a certified mediator, or talk amongst ourselves to work out a divorce agreement. A trial date has been set for the end of April, but if we work something out prior, we can finalize sooner. However, my husband refuses to attend mediation or speak to me about anything so I'll be going to trial with him. But my paperwork states "Mediation/Alternative Dispute Resolution is required prior to trial docket call", in which we must either file an agreement for mediation or file an agreement for other ADR. I've called multiple mediators and all refuse to set up an appointment unless both myself and my husband agree to attend. Also, one of the many forms I have to complete is an "Inventory/Appraisement" form, where we list anything we own (home, cars, bank info, etc.). The courts did not provide me with a specific form and I wanted to see if anyone else has gone through this process and was able to use a general form accepted by the courts. I assumed our divorce would be simple, as we do not own a home together, do not have children, and do not have any mutual property other than little odds and ends. However, this has by far been the most difficult thing I've gone through. I do not have much money to spend on a lawyer, and I have been doing the entire process pro-se because we don't have any big things to worry about such as a home or children and I did not feel the need to spend $5000+ for someone to help me through the process of simply divorcing my husband. If anyone has any tips or advise, I would GREATLY appreciate any help!Thank you so much in advance Emoticon 4951
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Fallon Active Indicator LED Icon 18
~ 8 years ago   Mar 4, '16 11:03am  
Removed By Request 4951
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donnatella Active Indicator LED Icon 13 Forum Moderator
~ 8 years ago   Mar 4, '16 11:05am  
I wouldn't recommend doing anything Pro Se.  You can call the Houston Volunteer Lawyers Program. They can either advise you or connect you with an attorney that can help you for a reduced fee or on a Pro Bono basis. 4951
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Burnsway Active Indicator LED Icon 13
~ 8 years ago   Mar 4, '16 11:10am  
Can you not do a no fault divorce. Have the laws changed.
 
Thats where when one decides they will not cooperate the other just does it at no fault either side and courts just need one of you to show after the initial legal length which I believe in Texas is 30 days.
 
Of course its been almost 20 years for me and Im sure things change.
4951
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goldie Active Indicator LED Icon 17
~ 8 years ago   Mar 4, '16 11:18am  
I would call the actual court you are assigned to and speak to a clerk or coordinator and tell them about the mediation situation so that they know in advance of the trial and/or  see if they have any suggestions since he won't attend and mediators won't let you set one  up.I don't think there's a set form to use for the inventory as long as it has the appropriate info on  it but you could ask the court clerk that question too.Good luck! 4951
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CBP210 Active Indicator LED Icon 10
~ 8 years ago   Mar 4, '16 11:19am  
Dang you almost won by default as that is how I won my case against my ex wife. I did use an attorney but this occurred in California. I would try to find an attorney through church members or other organizations where they are more inclined to set up a payment to your satisfaction rather than some operation wanting full payment retainer. 4951
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sas_6197 Active Indicator LED Icon  OP  New Member
~ 8 years ago   Mar 4, '16 12:01pm  
I've requested applications from several low-fee or free lawyers and they all take around 6 weeks to approve the appl. None of them have gotten back with me yet and I've followed up with them numerous times with no help whatsoever. I'll try the Houston program though, I don't believe they are one I've contacted yet. Thanks! 4951
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sas_6197 Active Indicator LED Icon  OP  New Member
~ 8 years ago   Mar 4, '16 12:03pm  
I tried the no-fault way since he hadn't signed any paperwork, gave the police officer who served him the middle finger, and hasn't spoken with me or filed anything on his own through the courts, but because he made his presence at our original court date, the judge considered that an answer so it is now a contested case. 4951
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sas_6197 Active Indicator LED Icon  OP  New Member
~ 8 years ago   Mar 4, '16 12:06pm  
Also, I've contacted the district clerk for several months now. Left messages with my name and number, taken off work in hopes of driving to the courthouse and speaking with her in person, but she's hardly ever in her office and everyone else I speak with in the courthouse says I have no option but to go to the district clerk for any help or information I'm needing. I still haven't had any calls returned or emails, and it's to the point where I'm leaving a message several days a week with no response. 4951
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goldie Active Indicator LED Icon 17
~ 8 years ago   Mar 4, '16 12:16pm  
Are you calling the district clerk or the court's clerk? I would try the courts clerk if you haven't. 4951
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Mahm Active Indicator LED Icon 9
~ 8 years ago   Mar 4, '16 12:16pm  
Was he emotionally abusive? If so, you can make an appointment with Family Time in Humble. You'll have to do an intake, but they can give you some good advice.
 
PM me if you would like more info. 4951
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sas_6197 Active Indicator LED Icon  OP  New Member
~ 8 years ago   Mar 4, '16 12:17pm  
Just got ahold of the Houston Volunteer Lawyers Program, they only service Harris County unless you are a veteran, divorcing a veteran, or are HIV positive. Unfortunately my divorce case is through Montgomery County and none of those situations apply to me. But thank you so much for the reference! 4951
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donnatella Active Indicator LED Icon 13 Forum Moderator
~ 8 years ago   Mar 4, '16 12:23pm  
Houston Lawyer Referral Service (Gulf Coast Legal Foundation) is another similar program.  They cover Montgomery County.  All of their contact info, plus a lot of other info is on their website.  hlrs.org/for-the-pub lic/ 4951
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Jpgurl Active Indicator LED Icon 18
~ 8 years ago   Mar 4, '16 12:25pm  
Bite the bullet and hire the lawyer- even if you just pay the consult fee and get advice. In TX the wait time is 61 days. In Harris Co the divorce can be done without the other party's cooperation. 4951
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Mahm Active Indicator LED Icon 9
~ 8 years ago   Mar 4, '16 12:53pm  
Also Lonestar Legal Aid has an office in Conroe. Their assistance is based on income and circumstances. 4951
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sas_6197 Active Indicator LED Icon  OP  New Member
~ 8 years ago   Mar 4, '16 12:54pm  
Thanks Mahm, I've contacted them and filed an application a couple months ago and followed up but still haven't heard back yet. 4951
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