Jourdanton, TX Divorce Law Firms & Lawyers

Generally you will need to include child support.  Your Judge may be different. Usually a Judge will order the non-custodial parent to pay child support to the custodial parent even if that parent prefer that the court not order support.  The Judges work for the State of Texas and the State of Texas has an interest in ensuring that the custodial parent has  funds to take care of the child without having to rely on the State for health insurance (Medicaid or CHIPs) or other State aid.   If you prepare a final decree that does not require the payment of support and the provision of health and dental insurance, the Judge may send you back to the drawing board when you show up to finalize your divorce, or the Judge may ask you if you have the means to support the child.  In agreed divorces where the parents are each going to have the child about fifty percent of the time, some couples will agree to no child support.  If you are each able to support the child during the period you have the child in your possession, then you will be more likely to convince the court to sign your decree.   I would, however, recommend that you include a child support order and wage withholding order as part of your divorce.  I see too many people come in requesting modification of decrees where the parties had agreed to no support in the divorce, but have found that the non-custodial parent does not contribute financially, and the child and custodial parent are struggling as a result.  

The term "joint will" has legal meaning and is essentially a contractual Will. Ultimately, a contract with a spouse regarding child support or possession and access would not be binding. A court will always have the final word because judges are bound to issue a final order in the best interest of the children in a suit affecting parent-child relationships (custody suit).  However, you and your husband can come to an agreement regarding your children during a divorce and seek Court approval to make it a final/court order.  A court will normally approve your agreement unless the Court decides the agreement would not be in the children's best interest. In sum, you cannot contractually Will your child and have it be binding on a Court.    For example, I draft a Will and name my sister as guardian of my children if something should happen to me. I die five years from now and my sister is a homeless drug addict and I never changed my Will. My perfect brother files for custody of my children. My drug addict sister is not going to win custody against my brother in a custody battle despite what my Will states. Likewise, if the father of my children is still living, then neither of them would win against the father in the custody battle, Unless the father is also unfit, a parent will always take legal precedent.  As to joint Wills, these are not used very often anymore as they have many potential problems. There are legal alternatives to contractual Will. For instance, an irrevocable trust. I practice in areas of family law, real property law, small business, and estate planning.  As your issues overlap many of these areas, I would suggest you make an appointment for a consultation before you enter into a joint will.  We offer phone consultations for those in the state that live too far to make it to our office in Plano, Texas. Initial consultations are also offered at a reduced rate.

Possibly. If he knows your last known address and sends a divorce petition there that does not get a response, he may ask the court to allow him to have you served by publication in the newspaper or by having the petition left at the front door of your last known address or work address. If the court allows this and you do not respond within 20 days of service, he is entitled to a default judgment and can receive the divorce without your participation.