Divorce Attorney Consultation In Houston TX
Getting a divorce is not as easy as getting married. You cannot just wake up and ask the court for a divorce without such a reason falling under the grounds stipulated by the Matrimonial Causes Act, which provides the framework for divorce processes. A decree of dissolution of marriage shall not be made if the petitioner, in bringing or prosecuting the proceedings, has been guilty of collusion with intent to cause a perversion of justice. Even when both husband and wife mutually agree to get a divorce, for whatever reason, a decree of dissolution of marriage may still not be granted if there is evidence of collusion between them.
Divorce is a delicate affair; from time to time, the possibility of reconciling the parties to the marriage is considered. After deciding to get a divorce, the first thing to do is consult and brief a divorce lawyer about the divorce. Therefore, we are here for you. Our team at Daniel Ogbeide Law will help determine the facts that constitute the ground for the divorce from the reasons given by the person seeking a divorce. After talking to a lawyer, if it is discovered that you have more than one fact that constitutes a ground for divorce; you should concentrate on the fact that has the most substantial evidence with proof. A marriage celebrated under the Act can only be dissolved because the marriage has broken down irretrievably. Are you considering a divorce? Reach out to our team today!
An Overview Of The Divorce Process In Texas
In this article, you can discover:
- What the grounds for divorce are in Texas.
- An overview of the process for filing for divorce in Texas.
- How long it takes to get a divorce and when it’s possible to speed up the timeline.
What Are The Most Common Concerns People Have When They Come To You About An Impending Divorce?
Divorces are stressful, and if you are going through a divorce, you may have many questions and concerns. Some of the main things my clients are concerned about in a divorce are their rights.
This is especially true of men, who assume that the law gives the mother the right to have custody of the children, rather than the father. They are often worried about whether they will have to go through the children’s mother to have visitation with their kids.
Another worry many people have is how much a divorce is going to cost them. Most people understand that the legal process is expensive, so this is a reasonable concern.
Our job as their attorney is to provide our clients with information about the laws on visitation and to give them a realistic outlook of what their divorce may cost them.
What Are The Grounds For Divorce In Texas?
Texas has several grounds for divorce. The most common one is what we call insupportability. That means you can’t support the marriage anymore.
In other states, they call it irreconcilable differences. Both terms refer to a “no-fault” divorce, where the parties involved cannot see eye to eye.
Other grounds for divorce could include mental illness, cruel treatment, or abandonment. Abandonment is when someone has left the marriage for over a year without the intent to return.
Incarceration is another potential reason for divorce. There are a few other grounds, but those are the most common grounds for divorce in Texas.
What Does A “No-Fault” Divorce Mean In Texas?
A “no-fault” divorce means that someone is pleading on the grounds of insupportability. In their petition, there won’t be any reference to abandonment, incarceration, or cruel treatment. It’s essentially telling the judge that you just don’t see eye to eye, and you simply need a divorce.
How Do I File For Divorce In Texas? Are There Any Advantages Of Filing First?
To file for divorce, the person (or their attorney) needs to file a petition for divorce. It’s as simple as filling out a form and sending it to the district clerk. Each county, like Harris or Fort Bend, has their own district clerk.
There is a fee associated with the filing that generally ranges between $300-$360, depending on the day. Additionally, you have to pay to get someone served, which also varies based on the method you want to use. Your attorney can handle this.
As far as the benefits of being the first person to file, it could matter if it becomes a contested divorce, which most cases are. If you file first, you get to go first should the case go to trial, so you get to set the pace. Other than that, there are no real benefits to filing first.
What Is The Divorce Process In Texas?
Divorce in Texas is a long process. First, you get someone served; that person is called the Respondent.
The respondent has about 20 days to file their response, starting from the Monday following the day they were served. No matter when they were served, the 20-day count begins the next Monday.
If they don’t file an answer within 45 days from when you filed, you can proceed to a default. This is basically just asking the judge to grant your request since no one responded.
However, most people still have to wait 60 days for a divorce, regardless of the response. Unless you can prove to the court that there is domestic violence involved — in which case the 60-day wait time may not apply to you — otherwise you must wait 60 days.
If there are children involved, most courts will require you to attend mediation. Mediation is a process where you and your spouse will go to a neutral, third-party attorney or licensed mediator who will try to resolve the case.
The mediator does not have decision-making power; they are more like a negotiator. If you and your spouse can reach an agreement, that becomes binding as soon as both parties sign off on it.
If there is no agreement, then you go through a process called discovery. Discovery is a lengthy process where they can ask you questions about anything from the date of the marriage until right now. It’s a very exhaustive process.
Once you go through the discovery process, the evidence gathered from discovery will be used in a trial before the judge. Then, the judge decides on the custody and property division for the divorce.
Can You Provide More Details About The Waiting Period For Divorce In Texas?
In general, everyone must wait 60 days before getting a divorce. Beginning the day you file, the earliest you can get a divorce in Texas is 60 days from that date – unless you ask for a waiver of the 60 days.
Usually, a waiver is granted to a spouse who has experienced family violence. Texas law takes family violence very seriously. If there has been family violence involved, you can ask the court to waive your 60-day waiting period and grant the divorce.
However, this is very rare because you have to prove certain elements, such as whether granting the divorce would affect the other party’s right to do an investigation into what the court is going to be deciding.
Generally, 60 days is the common rule — unless there is family violence, and then that party must petition the court to waive it.
How Quickly Can I Get A Divorce In Texas?
With a true agreement, the quickest you can get a divorce is still 60 days. Because it can take more than 60 days to process the paperwork and put the agreement together, I would estimate that it usually takes between 60 and 90 days.
For example, with a marriage that lasted 10 years and had assets accumulating over those 10 years, it may take more than 60 days. In cases like this, the parties must decide who is going to keep which items, and who is going to take which debt.
However, with a marriage that only lasted six months, and the couple has not accumulated assets, it could be done on the 61st day. It really depends on how long the marriage lasted, how many assets are involved, and whether or not the couple had children.
If there are children involved, it tends to take more than 60 days. If there are no children and it was a relatively new marriage, then it may take around 60 to 90 days to get the divorce finalized. For more information on The Process Of Divorce In The State Of Texas, an initial consultation is your next best step.
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