Need some advice on how to get started

[Chicho]

I lived in Texas for 5 years. During that time I married a woman from Veracruz, Mexico. Two years into the marriage we both wanted out and my wife moved out of our apartment. There wasn't ever any intention of trying to salvage a failed marriage. After two months of being apart contact was reestablished and we managed to remain to friends. There isn't any animosity on my part nor her's. We still talk on the phone from time to time and last time I visted Texas I stayed in her apartment. We both have started dating other people and I even get along with her new boyfriend. I want to marry my girlfriend so I need to legally end this marriage. My wife thinks she will probably end up marrying her current boyfriend. We do not have any children, property, or debts that need to be worked out. I have spoken with her about my desire to marry my girlfriend and she supports my decision thus will not be contesting the divorce. Thus far everything has been amazingly amicable. The reason I am writing this is because I am a broke college student and cannot afford to hire a lawyer for a task I feel that I can do myself. I am just hoping someone can point me in the right direction. I currently live in Iowa, but we were married in Cameron County, Texas. Do I have to file in person, or can this be done via mail? Do you use a divorce form for the state of Texas or the state of Iowa? Another thing is that my wife is an illegal immigrant. Will that have any effect on the divorce proceedings? Before I'm asked, no I do not wish to try to get her deported. We were married in an area where 90% or more of the immigrants are illegals so I don't think the judge would try to get her deported either. The judge also personally knows both of us as he was a regular customer where I used to work. Any help anyone can give me would be much appreciated.

 

[irish223]

I lived in Texas for 5 years. During that time I married a woman from Veracruz, Mexico. Two years into the marriage we both wanted out and my wife moved out of our apartment. There wasn't ever any intention of trying to salvage a failed marriage. After two months of being apart contact was reestablished and we managed to remain to friends. There isn't any animosity on my part nor her's. We still talk on the phone from time to time and last time I visted Texas I stayed in her apartment. We both have started dating other people and I even get along with her new boyfriend. I want to marry my girlfriend so I need to legally end this marriage. My wife thinks she will probably end up marrying her current boyfriend. We do not have any children, property, or debts that need to be worked out. I have spoken with her about my desire to marry my girlfriend and she supports my decision thus will not be contesting the divorce. Thus far everything has been amazingly amicable. The reason I am writing this is because I am a broke college student and cannot afford to hire a lawyer for a task I feel that I can do myself. I am just hoping someone can point me in the right direction. I currently live in Iowa, but we were married in Cameron County, Texas. Do I have to file in person, or can this be done via mail? Do you use a divorce form for the state of Texas or the state of Iowa? Another thing is that my wife is an illegal immigrant. Will that have any effect on the divorce proceedings? Before I'm asked, no I do not wish to try to get her deported. We were married in an area where 90% or more of the immigrants are illegals so I don't think the judge would try to get her deported either. The judge also personally knows both of us as he was a regular customer where I used to work. Any help anyone can give me would be much appreciated.

You file in your state and county (generally) of residence, and use their forms. If you are a permanent resident of Iowa, file there as long as you've met the residency requirements. Her illegal status should not affect the proceedings. Whoever files should appear, but if the divorce is not contested, then the other party need not although the other party must be served notice.

 

[Chicho]

Thanks for your response. How do I serve her notice? Mail her the papers and have her send them back?

 

[irish223]

Thanks for your response. How do I serve her notice? Mail her the papers and have her send them back?

You can research your court's procedural rules at one of the links below. There are also some resources included in the links that will help with the rest of the process:

http://www.iand.uscourts.gov/e-web/home.nsf/home
http://www.iasd.uscourts.gov/