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Filing for divorce during COVID-19

QUESTION: My husband and I want a divorce and it will be uncontested. We are in agreement on everything. The courthouse says it is closed, can we file now? And is there an advantage to filing now?

ANSWER:
Yes, a petition for divorce can be filed now, but it has to be done electronically by efile, therefore by an attorney. The advantage to filing now is that there is a mandatory 60 day waiting period before a divorce can be finalized, and that period begins on the date of filing, even though the courthouse is not open for hearings. By the time the mandatory 60 day period has elapsed, all the paperwork should be ready to take to a Judge to finalize the divorce and the courthouse should be open for regular business.

File for DIVORCE in San Antonio, Texas

Divorce is more than an emotional event.

Divorce is the legal breakup of a marriage with almost half of all U.S. marriages ending in divorce.

DIVORCE AFFECTS EVERYTHING! Like every major life change, divorce is a stressful event that affects finances, living arrangements, household jobs, schedules and more.

PROTECT YOUR RIGHTS! Families including children may be deeply affected by involvement in a legal proceeding. Failing to protect your rights during a divorce can be catastrophic and can have serious and long-term consequences. The most common issues resolved in a divorce include the division of community property and debts, determination of parental rights, visitation and child support.

OPTION 1 – Uncontested Divorce- You are filing Pro Se

Document preparation and Coaching
This is the most affordable solution, for the circumstance where you and your spouse agree that you want a divorce, agree on the terms of the divorce and you have all the information needed to file for a divorce This usually works best when there are no children and little property.

We charge a fixed fee to draft your divorce documents and you file them with the court. With the Documents and Coaching package, you are representing yourself (Pro Se), but you’ll get one hour of legal advice or coaching as a part of the package. We can do a better job than the “form providers” because they may not be familiar with the local courts.

Filing fees are separate and paid directly to the court, and depending on your circumstances you may need additional documents that will be billed separately.

OPTION 2 – Uncontested Divorce

Very similar to Option 1, but we represent you! This is still an affordable solution but you receive all the benefits of having a professional, experienced attorney represent you throughout the process. You and your spouse agree that you want a divorce, agree on the terms of the divorce and you have all the information needed to file for a divorce. We represent one of you. The other will sign a Waiver of Service.

This option includes the documents and up to three hours of professional legal advice!  We file your documents at the courthouse. When it is time to prove up your divorce we will be there with you in the courtroom.

Filing fees are separate and paid directly to the court, and depending on your circumstances you may need additional documents that will be billed separately.

OPTION 3 – Flat Fee Divorce

Many divorces can be resolved in this manner.  Your spouse will retain the services of an attorney to represent them or they may choose to represent themselves. In many cases your spouse has filed for divorce and you have been served with the notice of their actions.  You need an attorney to represent you, to protect your rights and your property. Usually children, property or both children and property are involved in the divorce.

We will be representing you, so we will draft your divorce documents and file them with the court.  We will represent you in all negotiations. This option includes up to 5 hours of legal representation.  Option 3 works best when all matters can be resolved through negotiations. Learn more about Flat Fee Divorce Services.

When the divorce is contested and you need Temporary Orders or Discovery,  Option 4 is your best choice.

Filing fees are separate and paid directly to the court, and depending on your circumstances you may need additional documents that will be billed separately.

OPTION 4 – Full Service – Contested Divorce

Unfortunately many times you and your spouse cannot agree and getting a divorce becomes a highly contested matter. Property, child support, child custody, visitation and other matters are contested. There can be numerous court hearings, motions filed on both sides for discovery of evidence, requests for Temporary Orders, the use of Private Investigators, hours spent in negotiations and possibly Mediation, or it may end up in a trial.

All of the work in the Full Service Package will be billed to you and paid out of a retainer. It is not a fixed fee service. We will be representing you so we will draft your divorce documents, file them with the court, negotiate on your behalf and represent you in court. You can get as much or as little lawyer involvement as you want – you only pay for what you need.

Filing fees are separate and are included in your monthly billing. Depending on your circumstances you may need additional documents that will be billed separately.