The Divorce Process In Texas?
Generally, the divorce process follows a similar structure regardless of where you file. However, the spouse who lives away from where you file for divorce will need to travel to participate in the divorce process.
- Filing the Divorce Petition – One spouse will file the Original Petition for Divorce along with all accompanying documents with the court clerk where they have lived for 90 days. The filing spouse is known as the Petitioner.
- Serving the Divorce Papers – The Petitioner is then required to serve the other spouse the divorce papers. The receiving spouse is known as the Respondent. The divorce papers can be delivered personally, or if the Respondent signs a waiver of service, then they can simply accept the documents.
- Answering the Divorce Petition – The Respondent will need to file an answer within 20 days, along with all accompanying paperwork.
- Temporary Orders – Divorce can be a time-consuming process. In the meantime, couples often need guidance on key issues, such as child custody and who gets to stay in the family home. Either spouse may therefore request Temporary Orders which will be in place for a specified amount of time, often until the divorce is finalized.
- Financial Disclosures – Divorcing spouses must exchange information regarding their assets and debts. This could include retirement plans, documents regarding their property and investments, and more. It is important that all property is disclosed and properly evidenced. A divorce attorney can help ensure that you submit everything that is required, which will help the process to keep moving forward. If you are concerned that your spouse may be hiding assets, then an attorney at Skillern Firm Divorce & Child Custody Lawyers will investigate on your behalf and will ensure that all assets are considered in your divorce settlement.
- Discovery Process – During the discovery process, each spouse will need to provide evidence regarding the key issues of their divorce. Divorces are usually required to mediate with the help of an attorney, and they may be required to attend multiple court hearings to help resolve key issues related to the divorce. Warring spouses may come to a settlement with the help of their attorney, or they may have to go to trial so that a Judge can rule on any lingering issues.
- Finalizing the Divorce – Once a divorce settlement has been reached, both spouses will need to sign and file the Final Decree of Divorce. The Judge will review it, and if everything is in line with state law, then they will sign as well, and the divorce will be finalized.
Does it Matter Where My Divorce is Filed?
Where you file for divorce can be of importance, depending on your individual circumstances. For one, you will need to travel to where the divorce is filed, so practically speaking it could be in your best interest to file for divorce first in the state where you live.
It is also important to consider state laws. Family law is largely dictated by state laws which can vary widely between states. It might be beneficial for you to understand laws involving issues such as child custody, spousal support, and property division so that you can determine if it serves your interests to file in one state over any other.
For example, some states are community property states which aim to split property equally, while others push for ‘equitable distribution’, meaning property is split in a just and fair way, which doesn’t always equate to 50/50.
Texas is a community property state, where marital property is assumed to belong to each spouse equally. Marital property is all property that was acquired by either party while they were married. Although property is usually divided equally, in Texas, Judges may adjust the distribution if they deem it fair.
Most people navigating divorce have never needed an attorney before, and the whole process can feel daunting. When you contact Skillern Firm Divorce & Child Custody Lawyers, we will arrange a consultation and can advise you on your next steps based on your individual circumstances.
What to Look For in a Divorce Lawyer
Considering the importance of decisions regarding issues such as child custody and property division, it is important that you secure experienced representation. It is good to do your research so that you are confident that you have made the right choice. Some good things to look for include:
Experience
Your lawyer should have experience helping people navigate divorce in Texas. If you find a law firm that has a narrow focus, such as family law in Texas, then this could be a good sign. While some law firms cover multiple practice areas or states, when a law firm has a narrow focus, it means that all their time and energy is dedicated to helping people like you.
If your divorce involves any complicated issues such as high assets, high-conflict custody battles, a history of domestic abuse, or cross-country parenting, then it is also important that your attorney has experience in the key issues that are affecting you.
At Skillern Firm Divorce & Child Custody Lawyers, all of our time is dedicated to family law in Texas. We have a skilled team of attorneys, and when you contact us, we will assign someone who is most suited to your case. We can handle even the most complex situations with a professional and compassionate approach.
Compassionate Approach
Divorce often involves very intimate details of your life. Therefore, it is important that you have the guidance of an attorney who you can speak openly with without fear of judgment. You should feel listened to, and your attorney should be willing to take the time to lend a sympathetic heart when you need it.
At Skillern Firm Divorce & Child Custody Lawyers, we pride ourselves on our personalized approach to the attorney-client relationship. We always take a compassionate approach and truly care about your future. We believe in informing our clients about their rights so that they feel empowered and cared for.
Skills in Mediation and Litigation
Divorce mediation has many benefits; it saves time and money on drawn-out court proceedings, allows for personalized arrangements, and protects important relationships. It is, therefore, important that you have guidance from an attorney who is a skilled mediator and is prepared to prioritize mediation wherever possible, even when things get tough.
It is also essential that your attorney is a skilled litigator. If your ex-spouse has an attorney who is skilled in the courtroom and you do not, then it could leave you vulnerable.
At Skillern Firm Divorce & Child Custody Lawyers, all of our divorce lawyers are skilled around the mediation table and in the courtroom. We will do whatever it takes to secure the best possible outcome for your future.
