What are the first forms i need to file for divorce?

Answer 1

be married !

See links below

Divorce Rates Drop as Couples Stay Together Due to Tight Finances

Stay Married And Save The Planet

Stanford University - Divorce, Nontraditional Families, and Its Consequences For Children

We know that children of divorced parents have more emotional and behavioral problems and do less well in school than children who live with both their Parent.

---- One of the most important things that you can do to assist yourself in any family law matter is to keep a daily journal. Daily journals are normally admissible as evidence in a court of law. However, their most important function is to refresh your memory as to events that happened on particular days so that you can accurately describe these events to other people such as your attorney or the court.

Keeping a chronological statement of the facts of your case is important. When you hire an attorney, you will be spending a certain amount of time explaining the "facts" of the case to him/her. When you hire an attorney, you are not just paying for their expertise, you are also paying for their time. The more time you take explaining your circumstances, and providing him/her with all the necessary facts, the more it is costing you. For this reason you need be prepared in advance. By doing a chronological statement you will have all your material ready to either hand the attorney, or to refer to for answering questions. We suggest that you use a computer so that you can sit and look at what you have written, adding parts that you later see that you missed. If you don't own a computer, check with the local library. They have ones available for use by their patrons.

1. How long have you been in practice?

NOTE: We recommend that no one be cons idered who has n ot been practice at least 3 years, 5 years or more is better.

2. From which Law School did you graduate?

NOTE: Some Law Schools are better then others?

3. Are you Board Certified in Family Law?

NOTE: Board Certified Family Law attorneys have been in practice a minimum of 3 years, but most do not become certified until after 6-12 years. To become certified, one must have had cases, in various categories, plus appellate cases, take a written and oral exam, and be re-certified EVERY YEAR. The US Supreme Court Chief Justice recently said of US attorneys that "...three-fourths are incompetent, dishonest, or both ." The odd s of getting a qualified attorney go up when selection is made from the Board Certified Family Law list. But there are no guarantees.

4. How many cases of my type have you had?

NOTE: If the answer is NONE, don't be the first.

5. In how any of these have you represented fathers? References?

6. How many father's cases of this type have you WON? Ask for case numbers!

NOTE: This may just be the MOST important question. References of this type are very important to you and your case . The attorney's track record is vital!

7. What percentage of your case load is Family Law?

NOTE: Qualified attorneys in the Family Law field have 2 or more of their case lo ad in this area. If less than this, they are probably not sharp enough to represent Fathers.

8. Which Bar Associations are you a member of?

9. What is your hourly rate? Do you have a Paralegal at a lower rate?

10. How many hours do you estimate this case to take?

NOTE: Most custody cases require from 80 to 120 billable attorney hours, NOT counting paralegals or expert witnesses, or Ad Litems.

11. Do you require a retainer? How much? Is it refundable?

NOTE: Avoid high retainers. Retainers in excess of 1/3 of the estimated total fee, denies you the opportunity to change lawyers later. If an attorney charges you a non-refundable retainer fee you will not get any of your money back if you fire him. If the attorney charges you a refundable retainer you will only get the unused portion of the retainer fee back should you fire the attorney.

12. Do you have a written contract, and can it be modified?

NOTE: Most attorneys have written contracts that are designed to protect their FEES and provide a means for them to collect unpaid fees from you. Modification of the con tract is one way for you to set forth, on paper, what is expected of the attorney, and provides a remedy for you to assure compliance on his/her part.

13. Do you carry Malpractice insurance?

NOTE: Good attorneys almost always carry insurance, that is, if they value their practice. If they don't value their practice, then neither should you.

14. Are there any Bar grievances against you within the last 3 years?

NOTE: The Houston Bar's attorney referral list will not accept applications from attorneys with active grievances, i.e. those within the last 3 years. Also, this service cost attorneys $500 or more to be listed. However, you should not always disqualify an attorney because he has a bar grievance filed against him. It is a very common ploy in litigation today to file a grievance against the opposing attorney hoping that he or she will withdraw from the case.

15. Do you provide MONTHLY, ITEMIZED STATEMENTS?

NOTE: A common complaint we hear is that retainers are spent, and large sums are required JUST BEFORE the final hearing. The attorney, when asked about the retainer, says, "it got spent", or send a statement "$5000 for services rendered." Don't hire an attorney who does not s end out billing statements at least once a month.

16. Do you have a list of recommended:

A. Private Detectives

B. Mediators

C. Mental Health Professionals

D. Accountants

E. Others

NOTE: If the attorney hires the specialist, then any information obtained using them becomes PRIVILEGED and cannot be obtained through discovery. If you, the litigant, hire this professional, then the other side can obtain any information you developed, through the use of Discovery or Deposition. The attorney should have a good working knowledge of how the above professionals work and should have regular contacts within the above fields. If the attorney is not knowledgeable about experts in the above areas, he does not have the necessary contacts to help you win your case.

17. Have you ever been divorced? And if so, did you get custody?

NOTE: If this attorney is SO GREAT, would you trust him/her if they didn't get custody? And if they didn't, why not?

An uncontested divorce or paternity action need not require the two of you to hire attorneys. You need only find a Certified Mediator, hack out the agreement, in detail, file it with the court, and set a hearing date. On that day the judge will swear both of you in, ask if you both agree to the terms set down in the document, than everyone signs it. Generally, there is a 30-60 day waiting period for the document to be recorded with the county and state registries.

The mediator will be a lawyer or paralegal, with specialized training. Each of you MUST pay half the fees. The fees could run from $200 to $1000, depending on the going rates in your area, and time spent on the document. Court fees could run $50 to $150, but if you are tight on money, you could request a waiver.

These are the things you NEED to cover in the document.

Soul Custody

Joint Legal Custody

Joint Physical Custody

Bird Nest Custody (see below)

How close do you live to him?

How old is the child?

How often?

What specific weeks, or months?

What specific holidays on in a list of years, do each parent get the children?

What if the custodial parent wants to move out of state?

Who covers medical insurance?

Who decides on treatment?

How much?

Weekly, Bi-Weekly, or Monthly?

How Long? Eighteen, High School, or End of College

Do you split the cost of college?

What state(s) may they attend in?

What is the minimum amount of college credit hours the child must take?

Who gets the tax deduction(s)?

What if the child gets pregnant? Does child support stop?

If the residential parent dies, who gets the child? Never assume anything.

Answer 2

The first step in getting a divorce is going through the process of separation. Separation is when the married couple lives away from each other. The next step is hiring a lawyer.

Answer 3

the Notice to Defend and Divorce Complaint