Are those "Do it yourself" kits for a divorce legit?

Question

I am trying to get a divorce from my common law spouse (Texas). I cannot afford an attorney, but I dont want him to try to take my house and vehicle. How do I go about this? I have heard about the self divorce kits, and even looked at them this morning on the net, but are they legit? And, can I still use it if I am common law?

Answer 1

Laws vary by state. The do it yourself kits are generally legitimate. However, those kits are doing nothing more than what you can do by yourself. Each state has a process for divorce. The process is usually filling out a form to the standards required and outlining the settlement of assets. Then both parties sign the agreement and file it at the court house. A date is set and you go to see a judge who validates the divorce.

If the divorce is contested, you can rarely do it yourself and would need some counsel.

I would call the court house and ask if there is free counsel for someone who needs to file a divorce but does not have the money to hire a lawyer. Otherwise, consider a book on the topic that has your state's laws to see what you would need to do to file a contested property divorce.

Best of luck. Sorry for your situation.

Answer 2

If you're not legally married to your spouse (although common law might still be considered legal), I'm not sure how the divorce thing works. Do you even have to get a legal divorce if you were never legally married? I would say though that those "do it yourself" kits are probably best used when you have no major assets and kids involved, etc. You may be able to talk with a lawyer (for free) to ask some questions, but maybe someone on here will have some more helpful information for you.

Answer 3

maybe this will help

[edit] Texas
Common-law marriage is known as an "informal marriage", which can be established either by declaration (registering at the county courthouse without having a ceremony) **SEE NOTATION BELOW**, or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. In the actual wording of the law there is no specification on the length of time that a couple must cohabitate to meet the second requirement of the 3-prong test. Under Texas law there is no required period of time of cohabitation and an informal marriage can occur if the couple lives together one day if the other elements, (an agreement to be married and holding out as married to the public) have also occurred. Likewise a couple can live together for 50 years and if they never have an agreement to be married, or hold themselves out to the public as married, their 50 year cohabitation will not make them informally married. If a couple does not commence a proceeding to prove their relationship was a marriage within two years of the end of their cohabitation and relationship there is a legal presumption that they were never informally married, but this presumption is rebuttable. In other words, even after two years a party to the relationship, or another interested party such as their estate, can seek to establish the marriage if they can overcome the presumption. Because this rule is only a presumption, and not a statute of limitations, a person in Texas that could be informally married should always go through a divorce proceeding when the relationship ceases or face possible serious legal repercussions. See Texas Family Code Sec. 2.401.


NOTATION - Texas informal marriages by "DECLARATION" require a legally defined form to be completed by both marriage partners and sworn or affirmed in presence of the County Clerk that issues the "Declaration of Informal Marriage." This legally binding document is formally recorded as part of the Official County Records by Volume and Page number. The form is then forwarded by the County Clerk to the Texas Bureau of Vital Statistics where it is again legally recorded as formal evidence of marriage (the same procedure as for a Marriage License). The term "Informal" refers only to the fact that no actual wedding ceremony was conducted. Dissolution of this type marriage requires formal Annulment or Divorce Proceedings, the same as with the other more recognized forms of 'ceremonial' marriages. (Texas Family Code Chapter 24).

Answer 4

I don't know about the forms on the internet, but my bf recently went through the same thing. Here is what he did:

1. Went to the local court house and asked for a pro se divorce packet.

2. Filled the packet out, returned it to the court house along with the fee (in Ky. it was $155.00).

3. 60 days later he was divorced (in Ky it's 30 days if there are no children involved)

Answer 5

Find the office for Legal Aid - ask them a few questions...

Call any attorney - they usually give you one consulation for free...

go down to the courthouse and ask them what would be required... Usually you have to fill out the financial affidavits and such and if there is real estate to be split you need to list that as well - you are also gonna have to try to come to an agreement with your "husband"...

Good Luck!

Answer 6

I think those are mainly for uncontested divorces...where no one is fighting over property or custody, even then you have to meet with a mediator! My best friend did it that way...took two weeks! I did mine through a lawyer...took 5 years! No wonder I never remarried! Good luck!

Answer 7

you need to go to the local court house and ask them if you use one for common law and if they have the right one for you. they are like 5 dollars.

Answer 8

That is a question you would have to research in your own state. I filed one in the state of Ohio.

Answer 9

Check with the court where you will file the petition. Not all courts recognize 'DIY' paperwork.

Answer 10

You get what you pay for