Regardless of the couple, sometimes things just don’t work out. While everyone wishes to have a marriage that lasts forever, the truth is that many times, a time will come when you and your spouse have to call it quits. When this time comes, there will be a series of legal and financial challenges that’ll come with the divorce process. If you reside in the state of Texas, you’ll have to make sure that you follow the right steps to make sure your divorce proceedings result in the best resolution for you.
Eligibility for Divorce
To be eligible for divorce in Texas, at least one of the spouses should be a continuous resident of the state for a minimum of six months. Additionally, the divorce must be filed in a specific county within the state. Furthermore, at least one spouse must have been a resident in the county the divorce is filed for at least 90 days.
Grounds for Divorce in Texas
In the state of Texas, courts allow no-fault divorces. So a person that is requesting a divorce is not required to present any evidence that points to the other person’s wrongdoing. Courts in the state of Texas do consider fault when it comes to making decisions regarding property division. Legal reasons for fault in divorce include adultery, cruel treatment, abandonment for at least a year, incarceration for more than a year, confinement to a mental hospital for over three years, or estrangement by living separately for at least three years.
Process for Divorce
In Texas, the process of divorce is pretty straightforward. First, a spouse will file with the court and consequently serves the other spouse with papers. The spouse who files with the court is called the petitioner. The other spouse is called the respondent. The spouse filing has options for obtaining a standard temporary restraining order, which prevents either of the spouses from disappearing assets before the court begins to divide them. Additionally, this order also asks that both parties act in a civil manner towards each other.
Afterward, the respondent is required to file an answer. Then the court will issue rulings on child custody, property division, outstanding debt, and other related matters. At this point, spouses can engage in discovery if they believe that the facts are not all present. At this point, they can also try to settle the case, either alone or with the professional assistance of a lawyer. If the case cannot be settled. The judge will set a trial date. Mediation is legally required for both parties prior to the start of the trial.
Once the trial is over, a Final Decree of Divorce is prepared for a judge to sign. This document contains the rulings that the court has made.
Keep in mind that this is simply an overview. Want more information regarding divorce cases in Texas? You should contact Rashelle Fetty and The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can visit our website for more on divorce cases in Texas.