Filing for divorce is as simple as filing an Original Petition. That’s all there is to say, right? Not quite. Even if you consider that filing an Original Petition is all it takes there are additional points to make. Simply checking a box and moving on with your case is not good enough. Rather, having goals, thinking of a strategy, and finding help along the way are all crucial steps to take in this process.
Today, the Law Office of Bryan Fagan will consider your options with you. Our attorneys work with clients day in and day out in the divorce arena. When it feels like there is no hope or if you are without an advocate, turn to the Law Office of Bryan Fagan. We know what it takes for you to succeed inside and outside the courtroom. We don’t view you as just a number or a retainer fee. Rather, we take the time to learn about you and your specific needs. Have a question for us? Contact us today for a free of charge consultation.
What do you need to do before filing for divorce?
You need first to determine that you want a divorce. Many times people wander into a divorce, shrug their shoulders, and continue with the process. This is not a good idea, however. For you to want a divorce is fine. However, if you do not want to get divorced then you should explore other options. Talk with your spouse about your situation. If there is any way to avoid the divorce then that should be discussed at this moment. Do not let the opportunity to try and fix your marriage pass you by.
This may take putting aside your feelings for your spouse at the moment. If you go into a discussion like this with your emotions on your sleeve then you will have a tough time. Being pushed by your emotions means that you may say or do something that you regret. Rather than going about things that way why not take a step back? Take a deep breath and think about what you want to discuss ahead of time.
When you are ready, go ahead and talk to your spouse. Don’t dwell on any specific failing of you or your spouse. Rather, take the time to work through whatever issues you think are most important. Remember that you are within your rights to be upset. However, unnecessary finger-pointing or exaggerating the reality of your situation is not recommended. Let your spouse talk and then listen as best you can. This conversation will determine if you can save the marriage. If not, then you can proceed to the next step in this discussion.
Determine what kind of divorce you are dealing with
You need to determine the sort of divorce you need to file. There are two types of divorce in Texas. The first is known as a no-fault divorce. This is, by far, the most common type of divorce filed in Texas. No-fault divorces allow you to get divorced for no particular reason at all. Tired of your spouse’s snoring? Get divorced! Don’t like the meals your divorce has been preparing lately? Divorce is an option! All kidding aside, no-fault divorce does make it easier for you to get a divorce.
The other type of divorce in Texas is a divorce based on fault grounds. Some of the more well-known fault grounds for divorce include adultery, cruel treatment, and abandonment. In your petition for divorce, you would specify a fault ground. The next step in the process is to collect evidence to prove your fault ground. Do all of this and you can get a divorce based on that fault ground.
You may be asking yourself why it is worth your effort to allege a fault ground for divorce. After all, if you can get divorced for no specific reason why go through the trouble of alleging a fault ground? That is what we are going to discuss now. There are advantages to alleging and proving a fault ground for divorce. Fault grounds can impact your divorce from a financial and family perspective.
Impacts of a fault-based divorce
Successfully proving a fault ground for divorce does make an impact on your case. First, a fault ground for divorce matters when it comes to dividing up community property. Your community property is typically divided in a way that is just and right. It could be that a just and right division of your community estate means a 50/50 division of assets and debts. This is what many spouses come to expect in a divorce.
However, if you can prove a fault ground for divorce then that changes things. Instead of receiving 50% of your marital estate, you may receive more. This is because a disproportionate share of your community estate may be the result of your case. Being the innocent spouse in an at-fault divorce may mean being taken advantage of previously. When you show the court the extent to which you were taken advantage of in the divorce that matters for several reasons. One of which is that you need to be made whole for the bad actions of your spouse.
Additionally, a fault ground like adultery matters in assigning parenting rights and duties. For instance, if your spouse cheated on you and exposed your children to the cheating then this can show really poor judgment on the part of your spouse. A parent with poor judgment cannot be well-trusted. As a result, expect that your spouse receives less parenting time and has fewer rights. So, if you plan on alleging a fault ground for divorce do so after some planning. What is the best way to plan for your divorce? By working with an experienced family law attorney.
Questions about planning an at-fault divorce? Contact the Law Office of Bryan Fagan
The Law Office of Bryan Fagan is not here to represent clients in certain types of divorce cases. Rather, we are here to help our community in a variety of family law matters. That includes divorce cases. If you have a complex divorce on your hands then we are here to serve you. Simple divorces that involve straightforward circumstances? We are here to serve you there, as well. Whatever your situation is we can help you with it. We are proud of our record of results earned on behalf of clients just like you.
The great thing about the internet is the amount of information available to you. For example, if you have a divorce question then our blog is a great place to find information. There is no family law attorney in Texas with a better reserve of information than the Law Office of Bryan Fagan’s blog. Just about any subject related to divorces in Texas can be found on our blog. However, that does not mean that your search for information should stop there.
Rather, you should pursue your case to learn about additional information. Specifically, learning about how your circumstances are impacted by the law is where you need to go after that. Family law cases are incredibly fact-specific. Learning about how your life is impacted by the Texas Family Code is a major advantage to have. We have what it takes to help you. Contact the Law Office of Bryan Fagan for a free-of-charge consultation.
No-fault divorce petitions
A no-fault divorce petition is much more straightforward than an at-fault divorce petition. It’s not as if the documents look dramatically different from one another. Rather, the no-fault divorce is less complicated because you need to include less within the four corners of the document. For example, consider that in a no-fault divorce, you need to allege only that your divorce was unsalvageable from the perspective of a conflict of personalities.
No-fault divorces allow you to proceed quicker into the divorce. Less thought must be given as to why the divorce is being filed. In a way, it is almost like you are on auto-pilot when it comes to initiating the divorce. This puts you in a difficult position where you almost need to pay more attention. The temptation would be to put your feet up and coast into the divorce. Doing this can create a series of tough circumstances down the line.
Better to pay close attention to what you are saying in your original petition. Learn about the process from the Law Office of Bryan Fagan. An original petition asserts your grounds for divorce, makes other legal arguments, and requests relief on your behalf. It is a basic document but it is not simple. Confusing basic and simple is a mistake. Take the time you need to learn how to get your divorce started on the right foot.
Where to file your divorce petition?
Trying to determine where to file your divorce petition is an issue that many people face going into a case. Confusion on this subject prevents some people from ever filing for divorce. These folks will delay the divorce being filed for no other reason than having questions about where to start the case. Don’t let this happen to you. There are many good reasons to delay filing a divorce. However, not knowing where to file the case is not one of them. This is a question that has an answer.
You file your divorce in a court with jurisdiction over you, your spouse, and the subject matter of your case. Residency rules determine jurisdiction when it comes to a divorce. Filing a divorce is appropriate in a county where you or your spouse have resided for at least the past ninety days. This assumes that you and your spouse have been Texas residents for the past six months. Proving residency can be done by compiling bills, showing the purchase or rental agreement on a home, or through other means.
Much of the time there is only one county where jurisdiction is appropriate. However, in some situations, you and your spouse could file your case in multiple counties. This happens in situations where your spouse has moved away from one another. Suppose that your spouse has left the family home and moved across county lines. Theoretically, this means that your divorce could be filed in your county and the county where your spouse resides.
Act quickly when you determine a divorce is right for you
When you make up your mind to file a divorce it becomes imperative to act. There is no sense in delaying the case once you make up your mind to move forward. Consider a situation where your spouse beats you to the punch and files first. In the above example, your spouse could file for divorce in another county altogether. Not only does geography matter in this context but so does the composition of the family courts. Different jurisdictions have different types of family judges serving family law cases.
If you want to ensure that your case is filed in your home county then the time to act is now. Have a plan when it comes to filing your case. Do not delay. Once you have a plan it is time to begin working with an experienced family law attorney. An attorney knows how to get the most out of the filing process. How prepared you are for your case usually determines how well you accomplish your goals. The attorneys with the Law Office of Bryan Fagan know how to get your divorce off the ground.
Petitions and Counterpetitions for Divorce
Did you know that an Original Petition for Divorce is not the only type of petition that may be filed in your case? Indeed, a second type of petition may be filed. This petition, known as a counterpetition, allows your spouse to assert their grounds for divorce. He or she can also make their requests for relief within the divorce. Here is how that process works and what to do about it from your perspective.
The responding spouse in a divorce is known as the “respondent.” This spouse must file an Answer with the court approximately twenty days after being served with notice of the divorce. All of this is to ensure their participation in the case. However, the respondent need not only file an Answer. Rather, there is a second document that can be filed at that point known as a counterpetition.
The counterpetition allows the responding spouse to ask for relief or make allegations of their own. For example, let’s say that the responding spouse wants to allege adultery as a fault ground for divorce. The counterpetition is the place to do that. You would file your Answer as well as a Counterpetition with the court. That way a court can consider your legal arguments in addition to your spouse’s. Think of the counterpetition as going on offense rather than simply playing defense.
What an attorney can offer when drafting an Original Petition for Divorce
There are numerous benefits to filing for divorce with an experienced attorney. For one, a family law attorney will help you get your case off the ground. Have you been delaying the divorce for the past few months? It may be because you have nothing propelling you toward the divorce. However, once you know that a divorce is right for you there is no benefit in waiting to file your case. An attorney helps you identify when it is time to file and gets you past the point of waiting.
Next, an attorney helps you to make sure your petition is drafted correctly. Some mistakes can be made even when it comes to drafting a simple document like a petition. “Simple” is a relative term, of course. While it may not be overly complex or even long a petition still carries with it the possibility for mistakes that can be made. A court can only grant the relief that you ask for. While you can amend a petition later on it costs money to do so. Money and time are two things that an attorney can save you during a divorce.
Finally, an attorney offers you support during the case. There are times during a divorce when difficulties will be encountered. There is no doubt that a person who goes through a divorce needs help. It is a tough process that involves relational, emotional, familial, and financial matters. An attorney who practices in the area of family law is uniquely suited to assist you with these types of situations. The attorneys with the Law Office of Bryan Fagan thank you for choosing to spend part of your day with us here.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
