How to File for Divorce in Harris County and Houston
Divorce is a legal process by which a marriage ends. A couple who wants to end their marriage must go to court and ask a judge to dissolve their union. The couple must prove that the marriage should be dissolved. If the couple is married in another state, then the couple must go back to that state to get divorced. In some cases, couples can get divorced without going to court. This is called an uncontested divorce.
Filing for divorce must be carefully planned. You should file the paperwork before you move away from each other. If you are unable to find your spouse, then you should post a notice on your door or put a note on your car. You may need to hire a process server or a constable to serve your spouse if they refuse to sign a waiver of service.
Divorce proceedings begin when spouses file a petition for divorce. A court coordinator helps schedule final hearings. Spouses should try to work things out before filing papers. If they fail to do so, they must give each other 45 days' notice of a final hearing. There is a mandatory 60-days waiting period after filing the petition before the hearing. Most divorces take longer than 60 days. The court will review both parties' requests, and decide if there will be any exceptions made. The judge makes his or her findings and signs the final decree of divorce. Though you do not necessarily require an attorney for advice, it is not advisable. You should at least hire a lawyer to represent you during this process.
A divorce can take as little as one week if you hire an attorney right away. You can also file for a divorce after the waiting period has expired if your spouse doesn't object. However, you may need to pay extra fees to do this. A divorce takes about 60 days to get finalized. You need to file a divorce petition, then wait for your spouse to be served or sign a waiver of service of processes. After that, you need to agree on child custody, child support, and other issues. Finally, a final decree of divorce can be signed by the judge. Divorce is usually resolved using mediation. If you're unable to come to an agreement, you may end up having to go to court. You can call a divorce attorney in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, at www.thorntonesquirelawgroup.com if you want to file for divorce.
A contested divorce is when spouses are unable to agree on what should happen in regards to the divorce. The court will decide who gets custody of children, property division, alimony payments, etc.
An uncontested divorce is common when there are no significant assets involved. The parties agree to be divorced, agree on all issues, and voluntarily sign all paperwork. If the parties disagree about anything, they can't get an uncontested divorce because they don't agree.
Divorce is a legal procedure used by people who want to get divorced. A person files a petition requesting a divorce. This is called the "filing party." The other person agrees to this request and signs a document saying he/she wants to be divorced. This is called a "waiver of service" or "service waiver". The filing party then serves the other person with papers proving he/she filed the divorce. The other person must appear in court within 60 days and give evidence that he/she agreed to the divorce. After that time period, the judge issues a final decree of divorce. There are advantages to filing first. Winning the race to the courthouse may give you an advantage over your opponent. Some benefits come to you early in the case. Other benefits may affect the final outcome. Filing your Texas divorce case first may give you a time advantage. You can use this time advantage to get temporary orders quickly.
Timing is everything. A person who files for divorce before the other party knows about it is likely to get more favorable results than someone who waits until after the other party finds out. The service process is usually completed within a few days of filing for divorce. This means that the other party won't have much time to prepare for the court date. Someone who hires a lawyer is also likely to have better outcomes because he or she will know what to expect during the proceedings.
Divorce cases are always complicated. You need to know what you want and how much you can afford. Your spouse should be prepared to negotiate as well. You can use this advantage by filing your divorce case first. This will give you an edge over your spouse.
Divorce can be an exhausting, emotionally draining process. A competent divorce lawyer can help you figure out what you need to do to get divorced. You may want to hire an attorney who specializes in divorces because he or she knows how to navigate the system.
Divorce lawyers in Houston, Texas, should be familiar with the local rules of the Harris County Family Court. They should also be aware of how the local judges rule. This will help them to make the case more persuasive to the judge.
Divorce is very expensive and complicated. It requires lawyers, courts, judges, and lots of money. It also takes time. It is not a simple thing to get divorced. You need to prepare properly. Read everything carefully before filing. Be ready to make some mistakes. Don't try to represent yourself. Hire a lawyer who knows how to handle this kind of situation. Divorce is a serious matter. You must consult with an experienced family law attorney before filing for divorce.
Your children will need to be protected during this time. You must also consider how your divorce may affect your career. Hiring an attorney means that you will be well advised of your options throughout your case. Filing a divorce in Houston, Texas, also means that you should think long term rather than short-term. You can be cost-conscious, budget aware, and a vigilant advocate of your rights by hiring a divorce attorney.