Due to technological advancement in the modern world, divorce is common, and despite its popularity, most folks don’t know the legal process to follow. In addition, the legal process differs from place to place, and this calls for knowledge of the same. So, what is the legitimate divorce process? Assuming you have already decided to divorce based on the options allowed by the law, then filing the divorce is the next step. It’s a fairly complex process that calls for the assistance of an attorney to help avoid legal and financial drawbacks. These are the steps to follow:
Contents
Filing The Divorce Petition
Whether in the agreement or not to divorce, only one spouse must file a legal petition to terminate the marriage. The petition should include:
- A legal reason or grounds for divorce.
- A statement that indicates the state’s residency requirements for divorce.
- Any other requirement that is required by the state.
Its always obvious that when the petition is filed, the court clerk will issue the case number.
Legal Notice
Normally after the petitioner files the petition for a divorce process in texas, a notice will be issued to the respondent, who is the other spouse. The notice simply notifies the other party that the petition filed is sufficient for the process to continue.
Asking For Temporary Orders
There might be a possibility that is most likely to happen that the court schedules the hearing of the case six months after filing of the case. Expenses and other benefits in which one spouse was entitled to have to be served regardless of the divorce petition, and this is where one of the spouses orders for a temporary order. The judge will then grant the interim order, which will hold until the case is heard and the final judgment passed.
The Hearing
A divorce petition will require at least one hearing to pass the final judgment. Issues on property distribution, child custody, and support, among others, are settled either by a mutual agreement between each party and their attorneys or the judge decides. If the critical issues have been resolved by mediation or mutual understanding, the other party does not need to attend the hearing. Just a tip, mediation saves time and money in the process.
The Final Trial
Negotiations and mediations might fail, forcing the two parties to place the power of decision-making on the judge. This means the two parties will have to appear before the court for a time-consuming and costly trial, so avoiding trial is the best way if possible. In the trial, the judge will settle the pending issues, then sign the divorce judgment. This process takes time and the time required is normally sixty days. The divorce judgment states how property will be divided, child custody, the time span to get remarried if the spouses want to do so, and many other issues.
The above steps highlight the whole process, and many critical and specific things have not been stated. This is not just a walk in the park; it is a long and tedious process that requires an experienced attorney to work out the best possible way to get a divorce process in texas. The attorney will also offer guidance and expound legal matters in-depth.
