When you are facing the decision to seek a Texas divorce, do not make the mistake of going through the process alone. Getting a divorce is an emotionally charged time in your life. Each side should seek legal representation when ending a marriage. Your first thought may be just to "get it over with" by agreeing with whatever terms your spouse demands. That is generally a big mistake. The first step is to find a lawyer who will secure the best deal for you and your future. |
When getting a Texas divorce you will find laws differ here than in other states. No one goes into a marriage planning for the union to break apart someday. This is an extremely difficult time for all family members. If there are going to be arguments over obligations and disagreements over division of the marital assets, you will need a lawyer. An attorney can be a go between for people to help find common ground during this stressful time.
In Texas, you must know for certain which District court has jurisdiction over your case. Two requirements you have to meet to be given a Texas divorce is to live in the state for a consecutive 6 months and reside in a single county for at least 3 months.
You must state a reason why you want a divorce. This is called fault based or no-fault based grounds. A no-fault divorce means that neither party is at fault for the break up of the marriage. Both parties agree that their bond is irretrievable broken and a divorce is the only solution. A fault-based divorce means that either one or both spouses have caused the marriage to dissolve through reasons such as mental cruelty, adultery, or abandonment.
A Texas divorce involving children requires that you work out an agreement with your spouse before the case goes before the judge. Each party has to sign a written agreement involving the welfare of the minor children. The judge decides if this is fair to all concerned parties and makes the final decision. Children, who are 12 or older, may be asked by the court where they want to live if there is a dispute over custody.
Texas divorce lawyers are trained to handle divorces in the state due to the certain laws and restrictions that are bound to Texas. In the discovery process, each spouse learns from the other all relevant information concerning the divorce. During the discovery phase, a decision is made as to the couple's property values and division.
The period between when a divorce is filed to the date it is granted is called temporary orders. During temporary orders facts are determined such as which spouse will remain in the couple’s home. Details will be worked out for who is responsible for paying the household bills. Child custody and support during the period before the divorce is finalized will have to be decided. Parties will agree on a visitation schedule for minor children.
The court decides which parent will have custody of the children and the amount of money to be paid as child support each month. The parent who pays child support is also required to maintain a health insurance policy for the minor children. Child support orders are in force until the child reaches 18 years old. Either parent can approach the court later regarding modification of custody and support.
The divorce process begins with the filing of original documents. The original petition for divorce must be delivered by formal means of delivery by either a private process server or officer of the law. This action proves the notice of a divorce hearing has been legally served. After the delivery of the petition, indicating the divorce petition has been filed, the served spouse should file an answer in the court.
Seeking a Texas divorce differs with each county in the state. In Texas counties, there is a possibility of one or more courts handling family cases. For instance, there are eight family law district courts in Collin County. Each county has special rules regarding the proceedings in addition to Texas rule of Civil Procedure. For example, Dallas Family Courts Issue standing orders which are intended to protect the children as well as the financial and property division.
It can take more than a year for a contested case to go before a judge. It is important to use a lawyer to make sure there is someone in court looking out for you due to all the legalities. Even in an uncontested divorce there is a chance that one spouse can get a raw deal. Using a divorce attorney is highly recommended to seal an agreement with your ex that has you and your children's best interest at heart. For more insights and additional information about getting a Texas Divorce as well as finding a wealth of information to help you with the divorce process, please visit our web site at http://www.my-divorce-guide.com
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