FAQs: Responding to a Divorce Case

Adultery is wrong and hurtful, but adultery is not usually a huge factor in most Texas divorce cases. Unlike most people, divorce judges hear and see the worst of human behavior on a daily basis. A simple affair may be shocking to the regular citizen, but to a divorce judge it is run-of-the-mill routine. Of course, there are some situations, such as cheating with the teenage babysitter or your brother-in-law, which would raise the eyebrows of even the most jaded divorce judge. In the past, you had to prove adultery, cruelty or abandonment to get a divorce. Now, because either spouse can get a divorce without a particular reason, proving adultery is far less important. Texas law still allows a spouse to allege adultery as grounds for divorce; however a finding of adultery really has no legal significance unless it is a reason to award more of the community estate to the victimized spouse. All divorcing spouses should be aware that Texas defines adultery as sex with someone who is not your spouse, even if it is after separation. People are still considered married after they file for divorce up until the day the judge signs the divorce decree.

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Our Houston divorce lawyers have structured their law firm on personalized service, individual attention, and quality representation. Schedule your free consultation today. To file a divorce, Texas law requires that either the husband or wife must have lived in Texas for the prior 6 months and lived in the county where the divorce will be filed for 90 days.

in Texas, even if you and your spouse agree on all the details, a court cannot grant your divorce until at least 61 days after the date of filing.

The first is insupportability. Another ground for divorce is living apart. The next ground is cruelty, which occurs when one spouse treats the other spouse cruelly and living together is insupportable. Conviction of a felony and adultery are the last two grounds. It is important to note that the person alleging grounds for divorce must also prove those grounds. For example, when a spouse suspects adultery that spouse must be able to prove the adultery occurred.

It is very difficult to predict the cost of a divorce in Texas. It all depends on the issues involved and how the opposing party is going to respond to the divorce. However, the more issues i. The more issues that clients and the opposing party can agree on, the lower the cost of the divorce. When discussing whether or not a client can afford to go through a divorce, we often explain to the client that there are highs and lows in a divorce case.

5 Must-Know Facts About Divorce in Texas

Should you start dating before finalizing your Austin divorce? There is no one right way to answer this question. Some people do start dating before their divorce is finalized , but there are compelling reasons to wait as well. Dragging on a divorce case out of simple spite is not uncommon. This can be time consuming and expensive, which is a very good reason for either avoiding dating until your divorce is finalized or being very discreet about your new relationship. If you have children with your spouse, you may want to postpone dating for their sake.

LOCAL LEGAL AID PROVIDER BEFORE FILING FOR DIVORCE. THIS. HANDBOOK AND after the date the Respondent is served. However, in a divorce.

To be eligible to file for divorce in Texas, at least one of the spouses must have been a continuous resident of the state for at least six months. To be eligible to file for divorce in any county in Texas, at least one spouse must have been a resident of that county for at least 90 days. Texas allows for no-fault divorces. This means that the person requesting the divorce does not have to present any evidence that the other party has done something wrong. In Texas, though, judges do consider fault when making decisions regarding property division.

If you are the one filing for divorce include fault if you can. Legally recognized reasons for a fault divorce include: adultery, cruel treatment, abandonment for at least a year, incarceration for more than a year, confinement to a mental hospital for more than three years or estrangement by living apart for at least three years. The process for a divorce in Texas is fairly straightforward.

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Technically, yes. There are no specific laws in Texas about whether a person can date while going through a divorce. It is not against the law. However, under certain circumstances, dating while in the process of filing for divorce or finalizing a divorce could cause complications. In the eyes of the law, dating could be seen as adultery.

Technically, yes. There are no specific laws in.

A legal separation is a court-recognized separation where the couple remains married but is often pursuing divorce. A divorce, of course, is the dissolution of the marriage. While Texas does not recognize legal separations , couples who separate before divorce may take steps with the court to protect their rights while they are separated. From a legal standpoint, this depends on where you live. In legal separations, couples remain married.

A Dallas legal separation may include a court ruling on certain issues like:. During a trial separation, the couple decides to live apart for a period of time. This gives them the opportunity to decide if they want to separate permanently, get divorced or reconcile the marriage. Assets remain marital property. Another option is a permanent separation.

But some people choose this over divorce for religious or financial reasons. There are other reasons it might make sense to remain legally married, even if permanently separated. Filing joint returns provides tax benefits for some couples. Also, it may allow for the retention of certain military or Social Security benefits.

How Long Does It Take To Get Divorced?

Unless the divorce is agreed, the petitioner the spouse who starts the divorce must have the respondent the other spouse served with the initial court papers. The initial court papers will also include the following if applicable in your case :. If you are the respondent , there are several ways you can be served. Note: Papers filed by the petitioner later in the case will usually be sent to you by regular mail or email. Read the divorce papers right away.

4: How is our living situation handled once I file? Per Christine, “Shortly after filing for divorce, if the parties do not agree, a temporary orders hearing will be held to​.

Online divorce is allowed in Texas, though not every Texas court will accept online forms. You may have to file the forms in person. When it comes to divorce in Texas, you can use lawyers or online sites to fill out the paperwork. Your legal representative will file the forms for you, but if you wish to save money, you avoid using lawyers altogether.

Sites like Complete Case make online divorce quick, cheap and painless. Texas recognizes no fault and fault-cause divorces. The easy and painless method is the no fault divorce. The expensive, messy and drama filled version is the fault-cause method of divorce. If your married life could be played on Divorce Court then, you may need to file for a fault-cause divorce.

If you have to argue over which children are yours and who slept with whom then expect that argument to occur in front of the judge. The online divorce in Texas begins with the no fault divorce. This is a situation where you begin the process of your online divorce by creating the legal forms that will detail how you and your spouse will divide up your property, agree to child care and support, and other details of your married lives. The process differs from fault-cause divorce in that the Texas court does not want to know all the sordid details.

Divorce FAQs

If you are thinking about dating during divorce You may think that you are free to start a new relationship once the decision is made to separate or divorce. But it is wise to hold off on the dating scene until after your divorce is finalized for a number of strategic, legal, and emotional reasons.

After you have filed for divorce, it can take up to 6 months to have your divorce finalized in some states. Minimum Time to Finalize Divorce from Filing Date.

Text of Texas Family Code: Title 5. Conservatorship, Possession, and Access. Child Support. Text of Texas Family Code: Title 1. The Marriage Relationship; Subtitle C. Dissolution of Marriage; Chapter 6. Suit for Dissolution of Marriage.

Texas Divorce Attorney explains the Rules of Court – 120


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