Divorce Basics

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Fortunately you can look on line and get the answers to most basic legal questions for about everything in a Texas divorce case. First of all, no one wants to get divorced when they get married. It's always a good idea for people to try to get through the rough patches. Sometimes it becomes impossible, and partners start thinking about, or taking action on, getting divorced.

If you have very significant assets, and/or you have minor children together, and one or both of you has unreasonable expectations of the outcome, you have a significant legal situation. There are some very good Board Certified family lawyers that specialize in different areas of family law if you find yourself in that situation. The cost of a divorce with very contested significant property disputes and for folks with a lot of assets that can't work out arrangements regarding their children can be very high.

The first step in getting a divorce is filing for divorce. The petition costs in the neighborhood of $300, service of the petition costs in the neighborhood of a $100. When you file for divorce you don't have to get any sort of agreement or consent from your spouse. You can discuss it with your spouse, or you can just file it. The circumstances vary. A lawyer can help you out on this. If there is something going on that requires emergency temporary orders for property or children, then you should strongly consider consulting with an attorney before taking any action.

The petition has to be on file for 60 days or more before a court can grant a divorce. The 60 day divorce is not the norm, but possible. An agreement would have to be reached to resolve the matter in 60 days. There are also residency requirements in the State of Texas and County where the divorce is filed that come into play.

Divorces do not have to be agreed. Agreements are usually best for all concerned, especially with children. But if you can't agree on the terms, the Court will in nearly all circumstances grant a divorce and enter Orders for the children and property. Mediations are very beneficial to work out disputes without taking it to a judge or jury. Every so often, one spouse, or sometimes both, have unreasonable expectations of how things are going to turn out. Mediations are great for trying to reach an agreement and let you move on with your life. Your attorney most likely will attend your mediation with you, and will offer suggestions and advice, but you have the ultimate decision making process at a mediation. The mediator will offer his or her thoughts on the process, but the mediator does not issue any ruling or orders. The hope is an agreement that helps everyone move on and get some peace back in your life.

Our office will discuss any family law situation that may occur in your life. We may be appropriate for your case, or we may recommend seeking help elsewhere.