Alerts for Do Your Own Divorce TEXAS 10th Edition

The 10th edition comes with a CD that includes all the forms in the book, the sample Marital Settlement Agreement, court information, the Texas Family Code, Links to resources, worksheets, tax tables and more!

Page numbers below refer to the 9th edition.

NEW OR REVISED FORMS. Most forms were revised, at least a little, but significant changes were made to the Petition and the Decree. Three new forms were added: The Military Affidavit, seven Exhibits for potential use with the Decree, and Travis Standing Orders (for Travis County only. New Tax Charts for 2005 were added to the companion CD.

Page 16 - Waiver of Citation. Clarifies that an Agreed Divorce requires at least a Waiver of Citation from Respondent. Even if there is no marital settlement agreement, it is still treated as an Agreed Divorce.

Page 34 - Pensions, stock options, insurance. New Family Code §§ 3.007 and 3.008 provide more details about how the law will treat community interest in pensions, employee stock options and insurance. Recommend that you refer to actual codes, but they are posted online, you'll have to read HB 410, which can be found at www.sbotfam.org/enacted.html or in the Codes folder on our companion CD.

Page 40 - Dividing CP. When dividing community property, the court can (and you should) consider the effect of taxation on property and when that tax will be due. Depending on how much you have, you might want to consult a tax accountant.

Page 47 - Parenting plans.
— Joint custody (joint managing conservatorship) is presumed best for children, but this presumption can be rebutted with evidence. A history of family violence removes the presumption.
— The law requires no preference given due to marital status or gender of a parent or child, but there is still a cultural bias in favor of mothers of young children.

Page 50 - Parenting classes. Check with the District Clerk's Office in your county to see if one is required. If so, get the cost, schedule, locations, etc. Check www.texasafcc.org/coparent.html for coparenting resources, lists of county resources, and other links.

Page 57 - Spousal maintenance. Clarifies that the requirement that a spouse diligently seek work or training to be able to become self-sufficient is excused if it is necessary to stay home to care for a child of the marriage, of any age, who is mentally or physically disabled. The same condition also enables the court to order alimony for any duration.

Page 69 - Checklist. Defines "Agreed Divorce," which requires Waiver as a minimum, ideally an MSA. Updates list of required documents to include Travis Standing Orders if Petition filed in Travis County, and references various exhibits now used with the Decree.

Page 70 - Checklist. Defines "Default Divorce." Updates list of required documents to include Travis Standing Orders if Petition filed in Travis County, the Military Affidavit and various exhibits now used with the Decree.

Page 72 - General forms instructions. Adds a section about notarizing documents, including special instructions for military people on duty overseas.

Page 74 - Protecting privacy. In your Petition, we invented a procedure to protect parties and children from the threat of identity theft, where you ask the judge to seal from public view the attachment to the Decree that contains identifying information.

Page 77 - Motion to consolidate. If you had a child support case pending before you filed for divorce, you will probably want to join the two cases using a Motion to Consolidate, which is found in the Forms etc. folder on the CD.

Chapter 5 - The Petition. The Petition has been revised and this chapter has been edited.

Chapter 7 - The Decree. T he Decree and this chapter have been extensively revised and now includes up to seven different attachments that can be added as Exhibits to contain details of the judge's orders.

Chapter changes. A new Chapter 10—Military Affidavit was added and others rearranged, so the chapters roster is now:
— Chapter 8 The Statistics Form
— Chapter 9 The Withholding Form
— Chapter 10 The Military Affidavit
— Chapter 11 The Hearing

New Chapter 10 - The Military Affidavit. In any default case, along with the Decree, you must file a sworn statement asserting whether or not the Respondent is on active military duty. If so, you cannot proceed in the case by yourself.

What's new in the 11th Edition — Updated to Sept. 2007

	CD included! The 11th edition comes with a CD that includes all forms in the book, a sample Settlement Agreement, court information, the Texas Family Code, Links to resources, worksheets, tax tables and more! Four new or revised forms: Vital Statistics VS-165, Decree, Exhibit 4 - Child Support Order, and Order to Withhold Earnings for Child Support. New Tax Charts for 2007 added to the companion CD. Page 49 - Virtual Visitation. Parents can agree or courts can order that the parents have access to minor children via electronic communication, including cell phones, email, instant messaging, video conferencing, and so on, at reasonable times and durations. This is meant to be a supplement to regular parenting time, not a substitute. Page 51 - Duration of child support. If a child begins active duty in the U.S. military, this is now an event that terminates the obligation to support the child. Page 51 - Duration of child support. The child support obligation survives the death of an obligor and becomes a lump sum charge against the obligor's estate. Page 56 - Life insurance. Parents can agree or a judge can order life insurance with the recipient as beneficiary to secure support in the event of obligor's death. Page 57 - Retroactive child support is now possible if requested by the child's 22nd birthday. Page 62 - Settlement agreement modified to reflect the change on page 51, namely that the obligation to support a child ends if the child enters active military service. Page 77 - Amended Petition. Explains how to file an amended Petition if there was an error or omission in the original.

What's new in the 10th Edition — updated to Sept. 2005

	CD included! The 10th edition comes with a CD that includes all the forms in the book, the sample Marital Settlement Agreement, court information, the Texas Family Code, Links to resources, worksheets, tax tables and more! Page numbers below refer to the 9th edition. NEW OR REVISED FORMS. Most forms were revised, at least a little, but significant changes were made to the Petition and the Decree. Three new forms were added: The Military Affidavit, seven Exhibits for potential use with the Decree, and Travis Standing Orders (for Travis County only. New Tax Charts for 2005 were added to the companion CD. Page 16 - Waiver of Citation. Clarifies that an Agreed Divorce requires at least a Waiver of Citation from Respondent. Even if there is no marital settlement agreement, it is still treated as an Agreed Divorce. Page 34 - Pensions, stock options, insurance. New Family Code §§ 3.007 and 3.008 provide more details about how the law will treat community interest in pensions, employee stock options and insurance. Recommend that you refer to actual codes, but they are posted online, you'll have to read HB 410, which can be found at www.sbotfam.org/enacted.html or in the Codes folder on our companion CD. Page 40 - Dividing CP. When dividing community property, the court can (and you should) consider the effect of taxation on property and when that tax will be due. Depending on how much you have, you might want to consult a tax accountant. Page 47 - Parenting plans. — Joint custody (joint managing conservatorship) is presumed best for children, but this presumption can be rebutted with evidence. A history of family violence removes the presumption. — The law requires no preference given due to marital status or gender of a parent or child, but there is still a cultural bias in favor of mothers of young children. Page 50 - Parenting classes. Check with the District Clerk's Office in your county to see if one is required. If so, get the cost, schedule, locations, etc. Check www.texasafcc.org/coparent.html for coparenting resources, lists of county resources, and other links. Page 57 - Spousal maintenance. Clarifies that the requirement that a spouse diligently seek work or training to be able to become self-sufficient is excused if it is necessary to stay home to care for a child of the marriage, of any age, who is mentally or physically disabled. The same condition also enables the court to order alimony for any duration. Page 69 - Checklist. Defines "Agreed Divorce," which requires Waiver as a minimum, ideally an MSA. Updates list of required documents to include Travis Standing Orders if Petition filed in Travis County, and references various exhibits now used with the Decree. Page 70 - Checklist. Defines "Default Divorce." Updates list of required documents to include Travis Standing Orders if Petition filed in Travis County, the Military Affidavit and various exhibits now used with the Decree. Page 72 - General forms instructions. Adds a section about notarizing documents, including special instructions for military people on duty overseas. Page 74 - Protecting privacy. In your Petition, we invented a procedure to protect parties and children from the threat of identity theft, where you ask the judge to seal from public view the attachment to the Decree that contains identifying information. Page 77 - Motion to consolidate. If you had a child support case pending before you filed for divorce, you will probably want to join the two cases using a Motion to Consolidate, which is found in the Forms etc. folder on the CD. Chapter 5 - The Petition. The Petition has been revised and this chapter has been edited. Chapter 7 - The Decree. T he Decree and this chapter have been extensively revised and now includes up to seven different attachments that can be added as Exhibits to contain details of the judge's orders. Chapter changes. A new Chapter 10—Military Affidavit was added and others rearranged, so the chapters roster is now: — Chapter 8 The Statistics Form — Chapter 9 The Withholding Form — Chapter 10 The Military Affidavit — Chapter 11 The Hearing New Chapter 10 - The Military Affidavit. In any default case, along with the Decree, you must file a sworn statement asserting whether or not the Respondent is on active military duty. If so, you cannot proceed in the case by yourself.