A divorce process begins with the filing of a divorce petition and Texas is no different. Your divorce petition can consist of as many pages as you like since it depends on the circumstances that led to the divorce and the relief you seek.
In order to file for a divorce in the state of Texas, at least one spouse must be a resident of the state for a minimum of six months. Furthermore, you must have lived continuously for 90 days at the least, in the county from where you would like to file your divorce. You will need legal help in this situation and you can find it directly on this website: https://usattorneys.com/.
According to Austin, TX divorce lawyers, the petition for divorce must be filed with the clerk of the court, for the case to be relegated to a family court. Since cases are assigned randomly, your lawyer has no option but to either choose the judge or the court.
When the processing of your case is over at the appropriate courthouse, your petition should be conveyed to your spouse. This is usually done by having a constable, sheriff, or any private process server to hand the petition along with a citation, over to your spouse. Basically, the citation remains a cover sheet, informing your spouse that a lawsuit has been already filed and also provide him or her with the time limits allowed for responding. In case you as well as your spouse wish to work together on your divorce, there is no need to continue with the service process.
Need for a Temporary Restraining Order
You might wish to request the court to issue a temporary order between the date on which you file your petition and the date on which the divorce is granted. This is a TRO or temporary restraining order and also a temporary injunction that prevents your spouse from disposing of, or transferring property and to prevent possible harassment. These two orders provide you with some relief as they help to maintain “status quo” by preserving the property before the court divides it.
A TRO lasts for only 14 days, and is granted without or sans a hearing or sending a notice to your spouse. The same is true of a temporary injunction, but it is effective until the granting of the divorce. Your Austin, TX divorce attorney will be working with you and if you do not have one, you should consider making a phone call now.One of the best ways to find a divorce lawyer is right here: https://usattorneys.com/. You only get one shot at this, having an Austin divorce lawyer near your side can be crucial.
Bills need to be Paid
Temporary orders are necessary to settle matters such as which one of the spouses is to remain at the family home, who pays for the bills, and upkeep of the children and care for your children, as long as the case is pending.
Other necessary processes include:
- Discovery which is the collection of the necessary documents in support of the case
- Payment of income tax to the IRS
- Payment of lawyer fees
- Decision on spousal support
- Name change
To learn more about Texas divorce laws and the process it would be prudent to consult a Texas divorce lawyer well experienced in family law. Your legal representative can help make sure that every aspect of your divorce including alimony, child custody, child support, and division of assets are taken care of. This is not a guessing game and if you believe the other side is going to play nice you are heavily mistaken.
This site can be your salvation.