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Dissolving a marriage is a tough decision to make. However, once you make up your mind, you must strive to obtain the best possible legal help and collect the correct information. If you’re wondering about Texas divorce requirements, we’ll be discussing the important matters you will need to keep in mind throughout the whole process. This article will include the answers to multiple questions couples who undergo separation and annulment in this state tend to ask.
According to Statista, the number of marriages that come to an end in the US is dropping. The extensive study they have conducted showcases data from the early 90s until 2019. Nevertheless, the rates still suggest that 2.7 in every 1000 people across America get divorced. If you’re among them, you should know your rights, obligations, and steps to take. Firstly, here’s what you must take care of:
If both parties agree, the entire process can run quite smoothly. However, if you can’t reach a mutual understanding, your case could end up in court. This option is far more costly and time-consuming, and you will unquestionably need to consult an attorney.
As for the divorce residency requirements, Texas demands at least one of the spouses to be its continuous resident during the minimum six-month period. You should also learn about the absence due to the public service. If either of the spouses has been out of the state for a while and during the time when the petition was filed, and the reason was connected to the military or other public services, it still counts as residence in Texas. The drill is basically the same as in other cases. The party that files should list the grounds upon which they request to end the marital union.
To file for divorce in Texas, you will need to get a Petition for Divorce. If you have children, you will need a Health Insurance Availability Affidavit as well. If the spouse is out of state, you must have another important document called UCCJEA Affidavit. This confirms the children’s latest addresses.
You can file the petition with the county court or the district court. However, it is important to remember that the district legal institution must be located in the county where either you or your spouse fulfill the residency requirements.
In this document, you must present the original complaint along with the necessary fees to the clerk. They will file your complaint, assign you a judge and a session if needed, and issue a citation to your spouse.
Here, the law grants divorces based on marital fault. If one (or more) of the following criteria is among your reasons to end the marriage, you base your file upon it:
In addition to the criteria listed above, you can also base your petition on:
Divorcing this way signifies that the couple won’t place the blame on the other party. Marriages that end with no bad blood imply a simple process. Children and other family members are also under less pressure. When you choose a no-fault divorce, it’s easy to obtain an online divorce which is often the best alternative, particularly for those who are getting divorced during Covid.
The exact duration of the process largely depends on the case and its specifics. A contested and uncontested divorce can be very different, which makes it impossible to provide a precise answer to the question How long does a divorce take in Texas. The former can go on for years, while the latter can be completed in less than three months. If it’s uncontested, it means that both spouses are on the same page regarding the conditions, and you can file for divorce online.
Some states have more specific rules regarding the time you have to be separated before getting divorced. Here, the family law seems more flexible. The only requirement is that one of the spouses is a resident of the state for six months and a county resident for at least 90 days. In addition to it, it’s usually good to listen to lawyers and marital counselors regarding these matters. Their advice suggests that a separation that goes on for too long does more harm than it helps.
Separation and divorce requirements in Texas imply different things. Getting a legal separation is not an option, according to the state’s laws. Still, there are similar options you can consider, such as temporary orders that usually incorporate clauses in regards to child support and alimony. You can get a protective order as well or a separation agreement. Before choosing and fulfilling divorce in Texas requirements, be sure to consult an unbiased attorney’s service.
The Lone Star is one of the 50/50 states. In other words, it is a community property state. All property gathered over the course of the marriage belongs equally to both spouses. The assets are to be split equally between the parties as long as there’s no fault. In more complex cases, you should contact an attorney and seek professional help with the property division.
The divorce process in Texas can be pretty sleek if you reach a mutual agreement timely. However, if you get stuck in a contested divorce, you will certainly need some help from a qualified lawyer. Even though you might have some disagreements, avoiding this painful, costly, and time-devouring option can be possible once you find the right mediation service. Additionally, when you are divorcing in Texas with children, you might have to request child support and child custody services. Find the most reliable lawyer and ensure everyone’s wellbeing.
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