Texas divorce
Divorce is always considered a painful experience. Not only for parents but also for their growing kids who have so many question in their mind regarding the separation of their parents. If one opts for any reason to go separation then he need to file a case for divorce. This is because in Texas until divorce is not obtained the couple who is living separately with each other is considered married.
Types of Divorce cases in Texas:
There are two types of divorce cases found in the city of Texas : One is the Contested and the second one is the Uncontested. In the contested type the two partners just file a divorce complaint and have nothing to conflict each other and they agree on the settlement whatever is made. On the other hand if the partners conflict on the settlement made and have arguments then the type of the divorce is called uncontested. In contested divorces generally only one attorney is employed to work on the structure of the agreement papers. But in the Uncontested type generally both the partners appoint their own attorney to fight the case on their behalf.
Divorce Procedure in Texas
One seeking Divorce in the Texas City needs to follow certain rules and legal procedures. The very first condition for the divorce is that any one of the spouses must be a resident of Texas for at least six continuous months. He should also be the resident of the country for at least 90 days prior filing his case for divorce. If the above two conditions are fulfilled by the spouse then the procedure of divorce becomes very simple. Either of the spouse can apply for divorce by simple stating that he is not compatible with the marriage and is not able to continue with this marriage due to conflict between the partners. Therefore the process of divorce begins legally with any one of the partner complaint and this is called ?Original Petition? which is done by any one of the spouse initially.
This Original Petition is done in the court. After this original petition is filed in the court, the court issues an order to the spouses that if they are using any kind of credit cards, automobiles, house, files etc. which is shared by both of them then their use should be ceased and they should not be get disappeared till the court announces its judgment over their use and the divorce.
After this the written agreement between both the partners is required stating that they both are agree with the divorce. Both the parties can represent their attorneys or not. The role of these attorneys is that they try to do the settlement between the partners and try to formulate a list of their negotiation points, terms and conditions. The conditions and other things are tried to settle down in their presence. Sometimes they arrive at a solution or sometimes not. If they reach at a common solution then a common list of terms of agreements is prepared and this is then presented in front of the applicants to sign over, which is then later on presented in front of the Judge for the final proceedings and the Judgement In almost all the divorce cases in Texas city there are standard Temporary Restraining Orders which forbids the partners from harnessing each other and the use of each other?s property till the divorce has not taken place.
But sometimes arguments appear and the partners do not settle down on any solution with the help of their appointed attorneys also then in that case it becomes difficult to arrive at a common solution then in such cases a trial date is set up in the court. This procedure carries the involvement of one more person who is called ?Mediator?. The Mediator helps in settling down any issues or conflicts between the partners. If still during this period no agreement is made then the case goes to the court and is presented in front of the Judge for his approval.
Time taken in finalization of the Divorce case
At least 60 days are consumed in the whole process to be finalized after the case is filed with the court. That also depends upon the partners whether they are doing settlement easily or with some mediator person or in front of the court. The case will be called final and the divorce is said to have taken place only if the Judge signs on the divorce papers and announces that in the court
Division of property?
On the basis of ?Community Property? and ?Separate Property?.
As Texas law of divorce any such property or anything that was acquired by the spouse during their marriage is required to be divided equally and fairly between both after the divorce. This is called Community Property as it was being jointly used by both the partners. After division the fair judgment of this Community Property should be made. The partners should make their own decision on fair basis or if they are not being able to come out with right decision then the final decision should be left up to the judge. But then also it will not always be fair for both the partners. This is because the court can give more share of the property to the partner who would be found less guilty for the breaking up of the marriage or on the basis of health issue etc.
But if the property was already owned by one partner before his marriage or if it was inherited to him from his parents then that would be called his own separable property and he doesn?t need not to share that with his partner after divorce. This property is called ?Separate Property?
Therefore we can say that if there is very little marital property or other issues like absence of children etc then in that case the divorce process becomes very quick and takes less time as the judgment is done fast but reverse happens when the children are present and marital or other properties is present which is shared by the partners simultaneously during their marriage time.
Custody of Children.
It is always considered a wise decision to decide ourselves who wants to take the custody of the children. Because it?s only the kids mainly who are suffered most with the divorce of their parents. So who ever takes the custody of the kids should take that with utmost responsibility and faithfully.
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