Divorce in Texas: The Legal Process, Your Rights, and What to Expect - Softcover

Mueller, Jim

Softcover

ISBN 10: 194388627X ISBN 13: 9781943886272

Verlag: ADDICUS BOOKS INC, 2018

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Texas, this guide provides answers to 360 queries such as How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

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Über die Autorin bzw. den Autor

Jim Mueller is a managing partner with Verner Brumley Mueller Parker and is board certified by the Texas Board of Legal Separation in family and a member of the Texas Academy of Family Law Specialists. His practice concentrates on complex divorce matters, high asset property division and contested custody litigation. He is AV rated by Martindale Hubbell, the highest possible rating in both legal ability and ethical standards. Mr. Mueller resides in Dallas, Texas..

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Divorce in Texas

The Legal Process, Your Rights, And What to Expect

By James Mueller

Addicus Books, Inc.

Copyright © 2018 Jim Mueller
All rights reserved.

ISBN: 978-1-943886-27-2

Contents

Acknowledgements, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with an Attorney, 
4 Attorney's Fees and Costs, 
5 The Discovery Process, 
6 Mediation, Negotiation, Collaborative Divorce, and Cooperative Divorce, 
7 Emergency: When You Fear Your Spouse, 
8 Child Custody, 
9 Child Support, 
10 Alimony and Spousal Maintenance, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeals Process, 
In Closing, 
Appendix, 
Resources, 
Glossary, 
About the Author, 

CHAPTER 1

Understanding the Divorce Process

At a time when your life can feel like it's in utter chaos, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, driving up your fear and anxiety. But there is one part of your divorce that does have some measure of predictability, and that is the divorce process itself.

Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that it won't go on forever.

Develop a basic understanding of the divorce process. This will lower your anxiety when your attorney starts talking about "temporary orders," "depositions," or "going to trial" and you feel your heart start pounding in fear. It can reduce your frustration about the length of the process because you understand why each step is needed. It will support you to begin preparing for what comes next.

Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Who wouldn't prefer that?

1.1 Must I have an attorney to get a divorce in Texas?

You are not required to have an attorney to obtain a divorce in Texas. A person who proceeds in a legal matter without a lawyer is referred to as being pro se (pronounced pro-say), on one's own. However, there is a saying that if you represent yourself in court, you have a fool for a client. If your case involves children, alimony, significant property, or debts, you should avoid proceeding on your own.

If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations about which you are unaware. Meeting with a lawyer can help you decide whether to proceed on your own.

1.2 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation. If possible, use a lawyer who is board certified in family law by the Texas Board of Legal Specialization.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be. It only takes one person to file for a divorce in Texas.

Ask what documents you should bring to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

1.3 Is Texas a "no-fault" state or do I need grounds for a divorce?

Texas, like most states, is a "no-fault" divorce state. This means that neither you nor your spouse is required to prove that the other is "at fault" in order to be granted a divorce. Factors such as infidelity, cruelty, or abandonment are not necessary to receive a divorce in Texas. Rather, to have a marriage dissolved, it is necessary to prove that "the marriage has become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and there is no reasonable expectation of reconciliation." The testimony of either you or your spouse is likely to be sufficient evidence for the court to rule that the marriage should be dissolved.

1.4 Do I have to get divorced in the same state I married in?

No. Regardless of where you were married, you may seek a divorce in Texas if the jurisdictional requirements of residency are met.

1.5 How long must I have lived in Texas to get a divorce in the state?

Either you or your spouse must have been a resident of Texas for at least six months and a resident of the county in which you file for at least ninety days to meet the residency requirements for a divorce in Texas.

If neither party meets the residency requirements, other legal options are available for your protection. Talk to your attorney about other options if you have concerns about your safety or the safety of your child.

1.6 My spouse has told me she will never "give me" a divorce. Can I get one in Texas anyway?

Yes. Texas does not require that your spouse "agree to" a divorce. If your spouse threatens to "not give you a divorce," know that in Texas this is likely to be an idle threat without any basis in the law.

Under Texas law, to obtain a divorce you must be able to prove that your marriage has become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and there is no reasonable expectation of reconciliation. Evidence of this will be your testimony on the witness stand. In short, it is not necessary to have your spouse agree to the divorce or to allege the specific difficulties that arose during the marriage to obtain a divorce in Texas.

1.7 What are the steps taken in a divorce action?

The divorce process in Texas typically involves the following steps.

If you are initiating the divorce:

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather necessary documents for an initial consultation.

• Meet for an initial consultation with an attorney.

• Pay the attorney a retainer and sign a retainer agreement.

• Provide requested information and documents to your attorney.

• Take other actions as advised by your attorney, such as freezing social media accounts (not deleting them).

• Attorney prepares the original petition for divorce for your review and signature.

• Attorney files the original petition for divorce with the clerk of the court.

• Attorney has the original petition, citation, and notice served on the respondent.

• If interim relief (such as temporary child support, spousal support, or attorney fees) is appropriate, attorney prepares temporary orders motion for your review and signature, files with the court, obtains court date, and serves pleadings on respondent.

If you have been served with divorce papers:

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather necessary...

Details zur Ausgabe

• Verlag: ADDICUS BOOKS INC
• Erscheinungsdatum: 2018
• Sprache: Englisch
• ISBN 10: 194388627X
• ISBN 13: 9781943886272
• Einband: Taschenbuch
• Anzahl der Seiten: 260
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: Buchbär; info@buchbaer.de; ; Weberstr. 67; Osnabrück; 49084; Deutschland