At the Austin Duke Firm, PC, we understand that anyone going through a divorce case has many questions about how the divorce process works. Each state can have different laws, so it is always imperative that you consult with an attorney of your particular state.
Some frequently asked questions about how the divorce process in Texas are:
What is the procedure for getting a divorce in Texas?
The following steps happen:
An original petition for Divorce is filed with the court and personally served on the Respondent.
At the time of filing, a restraining order can be requested on the petitioner’s behalf, so that way no assets can begin to disappear before they can be divided by the court.
If no restraining order is issued, then the respondent has 20 days plus the following Monday to file an answer. However, if a restraining order was issued, then the court must set a hearing within 14 days of issuing the petition.
- Both parties exchange information and documents that are relevant to the case.
- After the exchanges are completed, both parties speak with their attorneys to discuss the settlement of the case. If an agreement is reached between both parties, then an attorney will prepare an Agreed Decree of Divorce, which is signed by parties, their attorneys, and eventually the judge.
- If an agreement is not reached, then a trial date will be set.
- Prior to the trial, both parties are required to give mediation a try.
- If an agreement still isn’t reached in mediation, then the case goes to trial. Concluding the trial, the Final Decree of Divorce is prepared and then signed by all parties.
How long will it take to finalize my divorce?
A finalized divorce will take a minimum of 60 days. Meaning the couple must wait at least 60 days after the date the petition is filed to finalize the divorce.
How is property divided?
In the early stages of the divorce process, all property involved in the marriage is considered community property. I you own separate property (property you purchased before your marriage), you will have to prove it with clear and convincing evidence. In most cases, the property of the marriage is split 50/50. In other cases, however, such things as fault in the marital relationship can affect the division of property. A 90/10 split has actually been documented in such a case.
My ex spouse is not paying enough for child support for how much he or she makes, can I get this increased?
To get this accomplished, you must prove one of two things in court: (a) you show that the circumstances of the child have drastically changed since the date the order was signed, or (b) it has been three years since the order was signed, and the monthly amount of awarded child support differs by either 20% or $100 from the amount that would be awarded in accordance with the child support guidelines.
If you are facing a contested divorce in Austin, call one of our attorneys at the Duke Firm in Austin at 888-314-5720, or complete the quick contact web form.
