Sugar Land Divorce Attorney

Once you have filed the divorce petition, your spouse will have the opportunity to respond to the papers. They may choose to agree, contest, or ignore the divorce papers. During the divorce process, you and your spouse will need to agree upon terms that outline many elements, including community property division, child custody arrangements, and spousal support. The final terms, once agreed by a couple or a Judge, are outlined in the divorce decree when the legal process is complete.

In some situations, an ex may disagree with the divorce but choose to ignore the legal papers they are served with and not respond to the court. If your spouse does not respond within 20 days, you may be able to obtain a divorce by default judgment. You must wait for the mandatory 60-day divorce waiting period and schedule a hearing for a default judgment. If no response is received, a Judge may grant a divorce by default. However, your spouse can file a response to the divorce papers at any point before your divorce is complete.

You may wish to file for a fault-based divorce based on the grounds of abandonment because, if successful, this can impact the final divorce settlement, including child custody arrangements and the division of marital property.

Abandonment is one of four fault-based grounds for divorce in Sugar Land. For a successful divorce on the grounds of abandonment, you must prove that your spouse left you with the intention to leave permanently or abandon you. The spouse must also have been away from you and the home for at least one year for an abandonment argument to be valid.

Proving the intention to abandon is a vital element of a successful abandonment fault-based divorce, but this can be challenging to achieve in court. Legal representation from an experienced divorce lawyer will help you put forward a compelling and well-evidenced argument in court to achieve the desired outcome.

Many individuals may think their divorce is complete once they agree on divorce terms with their spouse during mediation, or at the end of a divorce trial. However, this is not the case. A divorce is not legally completed in Sugar Land until the final decree is signed by a Judge. At this point, a couple is no longer married in the eyes of the law.

Although you may think that your marriage is practically over while still going through the divorce proceedings, the legality that you are still married can impact elements of moving on with your life. Particularly starting new relationships and purchasing new property could have a bearing on your divorce proceedings. As tempting as it is to begin a new chapter of your life, it is important to wait until you have the divorce decree to commence some life changes.

A divorce decree is the final court order issued by the family law court when a divorce is complete. The order outlines how a divorced couple will manage child custody and visitation and how marital property will be divided between the parties. It will also outline any spousal support payments that either party is required to pay.

A court-ordered divorce decree is a legally binding document to which both spouses must adhere. Failure to follow the terms outlined in the decree, that govern property division, child custody, and support payments could result in penalties. If a spouse does not follow the divorce decree, the other spouse can file a motion to enforce, bringing the matter to the Sugar Land family court. A Judge can hold a spouse in contempt of court and issue penalties such as fines, paying attorney fees, and even jail time if a decree is not followed.

Any temporary child custody arrangements outlined in your temporary orders will remain in place from when they are issued until a final divorce decree is entered. At this point, the divorce decree becomes the governing document and the arrangements in the final child custody order shall come into place. If no temporary orders were in place, the final child custody order still applies once the final divorce decree is entered.

Both temporary and final orders are binding legal documents, and both parents must follow the terms outlined. Legal action and subsequent penalties can be brought against a parent who does not follow a child custody order.

You are able to modify certain parts of a divorce decree once it is finalized, namely, child custody agreements. However, there are strict circumstances for modifying an order. For example, a person cannot file a modification request for property division matters that they are not happy with.

Once finalized, a divorce decree usually cannot be amended until it has been in place for at least a year. To move to modify a child custody agreement, one parent must have had a substantial change in their circumstances. This could include either spouse losing their job, changes to the minor children in their care, or relocation.

The strict circumstances in which custody agreements can be modified increase the importance of securing an agreement you are happy with in the initial divorce. It is essential that you secure skilled legal representation to ensure you receive your desired outcome, or at least an agreement that works with your circumstances, during your initial divorce proceedings.