Understanding The Texas Divorce Process
Counsel from a Spring Divorce Lawyer
While the divorce process looks different for everybody, there are certain
legal principles that apply to all cases. The Law Office of Bryan Fagan
can take the general rules of Texas divorce and relate them to your unique
divorce situation to make sure you get a legal and sound Texas divorce.
Prior to divorce, it is important to confirm that you or your spouse has
resided continuously in Texas for 6 months prior to the filing. The state
will not allow you to file unless you meet this requirement. Also, spouses
must have been in the county where he or she chooses to file for a continuous
90 days prior to filing.
Filing the Divorce Papers
Your first step in the divorce process is to file a petition for divorce
in the Texas family law court of your choosing. The person who files this
document will be known as the petitioner. The spouse who does not file
and receives notice of the filing is known as the respondent.
After the papers have been filed, you are required to serve your spouse
a notice of the divorce. Normally, a police officer or a court official
serves these documents; however, you do have the option of asking another
individual to do this for you.
Opting for a Fast Track Divorce
There is a very quick way to get a divorce in Texas. The state allows some
couples who are on good terms and agree with the statements in the divorce decree to
complete the divorce process in 60 days. In this case, the spouses create a divorce agreement together with designated,
agreed-upon terms. They must wait 60 days to file. If the judge accepts
the plans in the divorce decree, the divorce will be granted.
Unfortunately, many spouses are not on good terms and cannot opt for the
fast track approach to divorce. Instead, our attorneys can help you work
through your divorce, from serving the papers all the way to the final
divorce decree. The respondent spouse has the right to file a counter-petition
with different terms if he or she does not agree with the way that the
spouse wrote the terms of the divorce.
After the petitions have been filed, attorney and client can discuss all
the different terms of divorce in detail. You will need to gather all
financial documents and other relative documents for property division.
In addition, you will need to decide on:
- Child support
- Child visitation
- Spousal support
- Child custody
In some cases, spouses can agree on these things with the help of their
attorneys, resulting in a settlement. The Law Office of Bryan Fagan isn't
afraid to go to court with you if you and your spouse cannot agree.
The Declaration of Divorce
After all terms have been decided upon by the spouses or the court, the
judge will declare the dissolution of marriage and the marriage contract
will be void. At this point, spouses no longer have to fulfill marital
responsibilities. The court will regulate any child custody, child support,
spousal support or visitation requirements that are a result of the divorce.
Every family law matter is different, which is why you should get an attorney
who customizes all cases. The Law Office of Bryan Fagan can provide you
with high-quality legal service in Spring, Texas. Call today to get a
Spring divorce attorney on your side.