The divorce can hardly be called a natural process, due to the many nuances that are individual for each case. The conduct of the divorce process is affected by the behavior of the spouses, their relationships, the presence of joint children, common property, and the presence of a standard business. An important point is how spouses react to the fact that they have to go through such a process. However, in each case, there is something in common. All the nuances are discussed and considered in a particular order, which is established by the laws of Texas on divorcement.
Unfortunately, divorce does not look like a movie scene in real life. Of course, you can hear how the spouses are smashing dishes and spoiling personal each other’s stuff. However, there will be no passionate reconciliation after this, in reality. Reality obliges spouses to a variety of paperwork, defending their interests, high cash costs, and unstable emotional being.
In this article, we will look at ways to a passage a divorcement in Texas, its nuances and will try to determine the fastest and surest way to resolve such an unpleasant and challenging period in the life of spouses.
Opportunities and Responsibilities of Each Spouse Before and During Divorcement Process
If a person came to a logical answer and realized that the only correct way out is divorce, then he/she must understand the essence of the process to be always ready for unpredictable situations. Each spouse has individual rights and obligations to the law of the state of Texas, both in everyday life and in the conditions of the divorcement process.
Before applying to the court for a petition for divorce, a spouse has to complete the list of forms that will be attached to the application itself. Find the necessary form on the official website of the judicial system of Texas state. The spouse should clearly state his/her reason for filing for divorce directly in the way itself by indicating reliable data and facts that led him/her to such a decision.
After the court receives all the completed documents together with the application for divorce, a notice will be sent to the second spouse. It will indicate the spouse’s desire to file a divorce, and on what conditions he or she wants the process to be passed.
This item is obligatory for implementation because without informing the second spouse, it is quite difficult to conduct a divorce process in Texas. If the address of the second spouse is not known, the court is obliged to place an ad in the local newspaper. After the notice or announcement has been set in the paper, the spouse will have a definite time to reply (the time limit for the response is determined by the court, depending on the circumstances of the case).
If the answer has not been received within the allotted time, then the divorce process acquires the status of “not disputed” automatically. However, even with this status, the spouse who did not respond to the letter of inquiry has the right to defend his/her point of view and own interests following the divorce case in the form of filing a counterclaim, if he/she has grounds and evidence for this.
The Absence of a Court Hearing as for The Shortest Way to Complete Divorce
The trial takes a lot of time. Therefore, if the spouses have a goal to go through the stage of divorcement as soon as possible and build their lives with new forces as a free person, then they need to think about options for how to avoid court hearings.
It is known that court sessions are necessary in cases where the spouses have many questions to each other, with the answers to which are not satisfy them. At court hearings, the fact is considered by the evidence provided. Spouses may call witnesses who will testify in their favor. At this way, it can last long enough.
Therefore, if the spouses want to avoid a lengthy trial, the Texas divorce laws provide couples with the opportunity to resolve all their questions personally, before applying to the court. The process of a conversation to address issues can be conducted in private between the spouses, as well as in the presence of lawyers of each party. Most often, the more productive work comes out if the lawyer deals with it. During the negotiations, the lawyer acts as an intermediary and, guided by the laws of the state of Texas, he/she helps the spouses to get out of this situation on the most favorable conditions for each of them.
What Gives the Right to Divorce in Texas
To get a divorce quickly, a spouse needs to know the conditions on which the court will be ready to consider the case. Therefore, it is necessary to comply with all the requirements that are set out in the Texas law on divorcement.
These requirements include:
Compliance with the place of residence and citizenship. Only a couple or a spouse who lives in the state for at least six months can file for divorce in Texas. However, this condition does not require the marriage to be entered into within the state. This requirement also allows that there was only one spouse in the country at the time of application and for six months before that moment.
The spouse is required to provide a basis for divorcement. The Texas court allows the beginning of the divorcement proceedings only if the reasons for the divorce are indicated. The list of required reasons is placed in the Texas Divorce Laws.
These reasons include:
Mutual intolerance to spouses. This provision implies that spouses do not have the opportunity to continue to live together and be married due to a large number of differences and loss of comfort of living together. By indicating this reason as a basis for divorce, the spouse suggests that the return of the former relationship is not possible and the one correct solution for both spouses is divorcement.
Violence or cruelty. By indicating this reason, the spouse claims that there was a place in the family for destruction and physical abuse by one of the spouses. Based on this reason, it must be remembered that for giving false testimony and slander a criminal punishment by the judicial system is provided.
Treason. If the spouse finds out about the fact of adultery, this may be a reason for divorce if it is proved.
The development of psychiatric diseases. This condition is possible only in case of severe mental illness of one of the spouses. To take advantage of this basis, one of the spouses must be treated in a specialized institution for at least three years before filing a petition for divorcement. Divorce is also possible if the psychiatric disease is not curable.
Arrest and further imprisonment. This basis may enter into force if one of the spouses has committed a crime and was detained for at least one year before filing a petition for divorce. However, this clause can be excluded if the second spouse gave contrary evidence in court, which became decisive in sentencing the defendant.
The end of the relationship. If one of the spouses has decided to leave the family and at least one year has passed from that moment, the second spouse has the right to use this condition as a basis for divorcement.
Separate accommodation. If spouses live apart for at least three years, then each of them has the right to use this basis in court as the reason for divorcement.
You are choosing a county to apply for. The judicial system of Texas is divided into provinces. Each district court accepts applications from spouses who are residents of the district for at least 90 days before the form is submitted. It is possible that only one spouse was a resident of the neighborhood.
Features of The Division of Common Property
The property includes all things that were acquired or made by the spouses during the marital status. The joint property consists of both movable and non-movable objects (for example, a house, a land plot, a garage, a car, paintings, etc.). Co-ownership also includes the business of spouses, the presence of shares, bank accounts, which were replenished from the family budget. All of the everyday stuff have to be separated. Texas laws imply a strict division of joint property into two equal parts.
However, the property that was acquired before the marriage belongs only to the spouse for whose money was purchased that stuff.
Personal property also includes gifts, things that the spouse has inherited, but only in the case if the second spouse did not participate in the care and investment in this item.
The question of the division of property is usually discussed by spouses in pretrial negotiations involving lawyers of the parties, or directly in the courtroom. After the decision is made, all property will be written out in the decree on divorce with the indicating the ownership of the stuff.
Conditions for The Successful Completion of Divorce Process Without Delay
According to the laws of the state of Texas, spouses will have to complete a divorce decree. The decree is the final document, which indicates that the marriage of the spouses is terminated. It takes effect after it is signed by the judge who was in charge of the divorce case. This document contains all the information about the conditions on which the couple was divorced.
It spells out such news as the decision on the division of property, the definition of guardianship over joint children, the payment of alimony and other choices that were made and agreed by the spouses during the divorcement proceedings through negotiations or a forced decision of the judge.
Spouses are required to attend all meetings that will be appointed by the court. These classes may relate to the issue of parenting (in the case that the question of determining guardianship is resolved). These classes take place between the appointed court hearings. Violation of the conditions of the court and failure to attend classes can be a reason for the court to decide in favor of the second spouse.
Spouses are required to attend a scheduled court hearing. A court hearing on divorce is considered the final point in the divorcement proceedings. In the case of uncontested divorce, the spouses will receive a decree on dissolution on the same day. The judge will review and sign the application and the papers attached to it at the hearing if everything is arranged correctly. In the case of a contested divorce, the judge gives the spouses the opportunity to express their complaints and settle them employing a compromise at the court hearing. In a contested divorce, the court may order several discussions in which the spouses will have to reach an agreement. At the end of the process, at the final conference, the judge signs a decree on divorce with all the nuances that were clarified during divorcement. After this, the spouses are considered officially divorced.
It is hard to find a spouse who will prefer a long and expensive divorcement process. Divorce is a period of worries, separation of familiar things that every person wants to complete as soon as possible. This is a period when you want to achieve all the concerns that are associated with a divorce and begin to restore your moral strength. Quite often, a separation entails a change of lifestyle and place of residence, the arrangement of which requires a lot of time.
And it is better to spend this time on creating something new that will delight and distract from thoughts about the past than a long, emotionally tricky period of breaking relations.
To avoid all the confusion in divorcement, it is enough to adhere to the requirements of the court and the general procedure for conducting the divorce proceedings, which is established by the Texas divorce laws.