Texas Divorce Procedures

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The decision to end the marital bond, to untie the knot and forget all the vows taken together can be baffling, painful and chaotic. But when you find that you do not love, respect or care for your partner anymore and your partner also feels the same for you, it is better to go for a divorce. It is a legal matter that involves a lot of rules and laws. When you have finally decided about a divorce, you need the help and guidance of a lawyer who will discuss the various aspects of your case and fight for your interests. One of the most powerful nations in the world, USA has its own rules and laws pertaining to marriage and divorce that differ from one state to another. Texas has laid down different laws and any person who is willing to fight for a case in Texas has to undergo Texas divorce procedures.

Since every case is different and there are a lot of varied reasons leading to the causes, a number of procedures are developed to address these issues. Generally, when the Original Petition for Divorce is filed, the process begins. This document is processed at the courthouse and further must be forwarded to the Defendant. The formal means of delivery, also called as a service, means that a private process server or a constable or a Sheriff should hand over the documents to the Defendant.

Here some of the relevant processes are elaborated as follows:

Texas Divorce Procedures regarding Temporary Orders

Temporary Orders of the court are those orders that are effective from the date the action is filed to the date the divorce is granted. Some of the situations determined by these orders are mentioned below:

  • Restrictions on contact between the child and the divorcing parents
  • Use and possession of property and other assets
  • Spousal support
  • Schedule of parental possession of the children
  • Living arrangements for the children
  • Production of documents
  • The Filing of sworn inventories
  • Payment of fees of the lawyer
  • The support and custody of the children
  • The payment of bills

Texas Divorce Procedure regarding Discovery

The procedure in which relevant information regarding the litigation is disclosed by one party to other is called as a Discovery. Some of the methods of this procedure are as follows:

  • Request for production of documents (like credit card statements, loan documents, vehicle titles, deeds, bank account records, tax returns etc)
  • Interrogatories (written questions)
  • Depositions (oral testimony in the presence of a court reporter)
  • Requests for disclosure (General information regarding the claims being made)

Process of Settlement

On completion of the process of discovery, both the divorcing parties must attempt to reach an agreement to solve their case. One such methods of doing so is to attempt Mediation. In a majority of cases, direct negotiation is also observed.

A third method is known as Collaborative Law. This occurs when the divorcing partners along with their attorneys accede with each other to solve their divorce issues out of the court on a voluntary basis.

What if settlement fails?

When the divorcing partners fail to reach an agreement, they can approach the court to execute a Trial. During any Trial, relevant evidences are presented in the court. After contemplating on the divorce issues for a span of time or sometimes directly off the bench, the court makes a ruling. This ruling is declared by the Judge. However, in course of time, it must be put in written form that is called as the Decree of Divorce.

Procedure regarding fees of the lawyer

The thumb rule is that every divorcing partner must pay his or her lawyer the fees and expenses of litigation. The legal expenditure is considered as a marital debt and distributed amongst the divorcing partners in a manner identical to how debt and other property are divided. There is also a provision as per which the court may consider the facts of the case, and respective financial resources and accordingly order one of the divorcing partners to disburse the fees of the lawyers, wholly or partially.

For a successful divorce and smooth running life post divorce, you should follow Texas divorce procedures. It is a known fact that people have to abide by the laws if they want to live peacefully in the society. If you follow these procedures, you will have a life devoid of any frustration and depression; otherwise you might have to pay the price for defying the legal obligations.

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