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THINGS YOU SHOULD KNOW ABOUT A TEXAS DIVORCE
This is a very brief explanation of the divorce
process. There is a lot of detail excluded
from the explanation because all divorces
can be very unique and carrying with them
very different requirements, forms, procedures,
length of times, etc.. So, please read this
and understand that it is our attempt to
educate you from a very broad perspective.
Before getting a divorce you, or you and your
spouse should decide that you absolutely
want a divorce. Even though in the divorce
process, everything is reversible, it is
important that you realize that the road
is sometimes very long and can be a difficult
one to travel.
Often, but not always, the first step is the
separation. Couples have the option of obtaining
a legal separation in most states or just
separating with a non-legal mutual understanding.
A legal separation is recommended and will
provide a court ordered separation agreement
that will outline the rules of the separation.
For example; who gets what, what are the
visitation arrangements, the amount of support
that should be paid, the division of marital
debt, etc.. A legal separation is never a
substitute for divorce, it simply provides
a court-ordered separation agreement to abide
by until the Marital Settlement Agreement
is put into place with the Final Divorce
Decree.
Most divorces begin with the filing of the
Complaint for Divorce, Petition for Divorce,
or Petition for Dissolution of Marriage,
which ever terminology applies to your state.
The filing of this form allows the court to
recognize your intentions to divorce as well
as making sure the other party (your spouse)
is aware of the divorce. If your spouse has
not agreed to file a Waiver of Service of
Process, then he or she will need to be served
a Summons stating the filling spouse's intentions
to obtain a divorce. Typically the Summons
is served by the sheriff or a private process
serving service.
In most cases it does not matter who is filing
for the divorce. Issues like the division
of property, support obligations and custody
arrangements are not affected. By completing
the Complaint/Petition and filing it with
the court you will be providing the necessary
information to get the divorce process started.
The Complaint/Petition will establish the
grounds for which the divorce is taking place
and reference a copy of a Marital Settlement
Agreement.
If the non-filing spouse agrees with what
is detailed in the Marital Settlement Agreement,
you file what is called an uncontested divorce.
In mosts states the court requires the filing
of an Appearance, Consent, and Waiver Form
by the non-filing spouse. This form has several
functions. It allows the non-filing spouse
to acknowledge to the court that he or she
understands that the Complaint/Petition has
been filed (this is the step that eliminates
the serving of divorce papers). It allows
the non-filing spouse to acknowledge to the
court that he or she meets the state requirements
for the divorce and that he or she gives
consent to have the Current Marital Settlement
Agreement drafted into the Final Divorce
Decree.
The above may sound very simple. Most lawyers
will say that no divorce is ever simple,
but an uncontested divorce is by far a less
complicated, less stressful and a less traumatic
experience than a contested one.
The difficulty in divorce arises when one
spouse does not want the divorce or does
not feel as though he or she is being treated
fairly in the Marital Settlement Agreement.
Disputes that arise and continue unresolved
will lead to a contested divorce. Your lawyer
will become your teammate in a negotiating
game to settle the disputes. If your divorce
gets to a point where one or more disputes
simply can not be settled out of court, it
will be time to go to the Family Court in
your county and let the Judge make the decisions
for both of you. Once the Judge makes the
decisions they are final and become part
of the Marital Settlement Agreement, at which
point the Final Divorce Decree will be granted.
The typical issues that are disputed and end
up being decided by the court are as follows;
the child support obligation, the spousal
support obligation, the division of the assets,
the child custody and visitation arrangements,
and the distribution of debts.
As mentioned before, this is a very brief
overview of the divorce process. There are
several other steps and forms that may be
needed to be filed along with possible court
appearances. When deciding to get a divorce
it is always best to hire a professional
that has experience in family law matters
and he or she will guide you through the
process in a professional and organized manner. |
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