Texas Divorce Tips

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It is a common fact that most separating couples cannot decide whether the divorce is really necessary or not, whether the causes of divorce are valid or not, what they are going to do after divorce, etc. and many more. And it is this indecision which make them take wrong steps during their divorce. If you have considered all the factors that are leading you to this divorce, then you must stick to your decision and fight for freedom from your partner. But you must be thinking how to start and where to start from? You will find the answers in this article which throws light on the basics of a divorce. Divorce tips vary from one state to other. Texas divorce tips deal with advices that are relevant for couples wanting divorce in Texas.

Some useful Texas Divorce Tips

• Texas divorce law requires any of the spouse to be a resident of the state at least for 6 months immediately before the date of filing for the case. It is possible that either spouse files for the case, if one spouse meets the residency requirement mentioned above.

• It is mandatory for spouses to go for mediation before the court trial begins. Partners can request a jury trial.

• There are different grounds of divorce like:
  • Irreconcilable differences and inability to reunite for which the marriage has broken
  • Adultery
  • Abandonment
  • If a spouse is treated in a mental health facility for 3 years
  • Inhuman or cruel treatment
  • Living separately for 3 years
  • A felony conviction

• Several parties fail to comply with a Decree of Divorce. It so happens that delivery of property that was awarded in the decree is not a sufficient remedy. In such a case, the damages caused by the failure to comply are handled by rendering a money judgment.

• Assume that one of the divorced parties has not received payments of money as awarded in the decree of divorce. Further, the court renders a judgment against the defaulting party with respect to the unpaid payments.

• Consider an obligor for whom withholding for child support or maintenance owed or withholding for maintenance owed is compulsory. Such an obligor is free to file a motion to end the withholding. The obligor has to prove that he or she has completely complied with the terms of the child support or maintenance order. Then, the court might provide an order regarding the notice of termination of withholding to the obligor.

• The obligor might start voluntary withholding as per section 8.108. Then, the obligee and the obligor can sign a notarized request that the obligee is supposed to file with the court clerk. Further, the obligor is issued and delivered the following documents:
  • A notice of termination of withholding, or
  • A modified writ of withholding that decreases the amount of withholding

• An obligee or an obligor can file with the court clerk a request to issue an order or writ of withholding.

• A writ or order regarding withholding must convey to the employer of the obligor to withhold an amount from the disposable earnings of the obligor. Such an amount must be the lesser amount from the following:
  • The amount plus the amount that is being withheld for child support must be equal to half of the disposable earnings of the obligor, or
  • The amount that is mentioned in the writ or order

• A writ or order regarding withholding under Chapter 8.105 FAM has more priority that any other order, execution, attachment or garnishment that affects the disposable earnings, with the exception of an order for child support withholding under Chapter 158.

• An order pertaining to maintenance can never be authorized amongst unmarried cohabitants in any given conditions.

• In case of violation of a condition of probation needing disbursement of maintenance ordered by the court or the contempt of court, if the following conditions are proved, then they are regarded as an affirmative defense:
  • The obligor was ignorant of any source from where money could have been legally procured or borrowed.
  • The obligor tried to borrow the required funds but was unsuccessful.
  • The obligor had a dearth of property that could be pledged, mortgaged or sold to raise the necessary funds.
  • The obligor did not have the capacity to offer maintenance in the ordered amount.

• If a payment for spousal maintenance is not disbursed at the required time, then, it is considered as an arrearage.

These Texas divorce tips will prove to be important keys to a successful divorce. Get ready to face the tough situation in the court in order to live the life that you deserve and desire.

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