- Matters that Delay the Finalization of a Divorce
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- The Texas 60-Day Divorce
- Texas Divorce Laws & Waiting Periods | LegalZoom Legal Info
Pete proposed and married Kelly eight years ago. She agreed to move into Pete's house so they could save up, sell his current home and get a new home together. However, that day never came. While she thought, the cheating would stop after they were married, it did not.
Matters that Delay the Finalization of a Divorce
She knew Pete liked younger women. After all, she started dating Pete when she was 18 and he was But there it was, 14 years after her first date with Pete, her stuff was on the lawn for the entire neighborhood to see. Kelly moved back in with her parents in Spring Branch. Her Dad was good friends with the station manager at a local TV station and he got her a job as a make up artist for the morning anchors. Kelly was always good with applying makeup and in her new job she excelled. Her position during the year went from part-time, to full-time and she even received a raise. With her raise she was able to move out of her parents home and closer to the TV station in her own condo.
Kelly meet Dave three months after her breakup with Pete.
She had fun with Dave, felt safe, and he gave her room to be herself. The two fell madly in love and discussed marriage. Unlike Pete, Kelly's family loved Dave. During new years eve at Kelly's parents home, Kelly and Dave were outside watching the fireworks. Dave dropped on one knee and proposed to Kelly. Kelly was ecstatic to get married to Dave and could not wait to start their new lives together as husband and wife. However, she was still married to Pete.
She and Dave wanted to get married on their joint birthdays on February 12 th. January 3 rd , they met with a divorce attorney so they could start the process of getting Pete and Kelly divorced. Kelly really wanted a clean break and she would do anything to close the book on that relationship and start her life with Dave.
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The most important thing to her is she could marry Dave on February 12th. Dave and Kelly told the attorney their plans, to their surprise they found out their would be a snag. Parties who have filed for divorce must wait at least 60 days before a court will grant a divorce. If you need legal advice regarding your uncontested divorce in Texas, we recommend that you contact a lawyer in your area. In almost all cases, you file for a divorce in the state where you reside.
The Texas 60-Day Divorce
This means that if you are a resident of Texas, you file in Texas and are governed by Texas's divorce laws even if you were married, for example, in California. You must meet Texas's residency requirement for a Texas court to have jurisdiction over your divorce. It sure does. Thousands of people divorce in Texas every year without hiring a lawyer. When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them.
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This is called a contested divorce, and hiring a lawyer is a good idea in this case. When a Texas divorce case is uncontested and both parties are willing to sign, when you and you spouse agree about everything filing your own divorce is a common choice in order to cut down legal expenses. Read about the advantages of filing your own uncontested divorce in Texas.
One of the spouses must be a resident of Taxes for six months prior to filing and 90 days prior to filing in the county where the action is filed. The divorce paperwork requires a signed authentication that you have been a resident of Texas for at least the past six months in Texas and 90 days in the county. If the court requires proof for some reason, typically a Texas driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.
After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them.
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After your spouse returns them, you file in your local county court. No Fault: 1 when the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of marriage and prevents any reasonable expectation of reconciliation; 2 when the spouses live separate and apart for three years.
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General: 1 Adultery; 2 abandonment for a period of one year; 3 confinement for incurable insanity for three years; 4 conviction of a felony and imprisonment for more than one year; 5 cruelty. Once the divorce paperwork has been filed in court, it usually takes 60 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
You control revisions and reprintings as necessary. In Texas, a divorce hearing is required to discuss what has been presented in the Petition for Divorce. If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce. If there are no children, the process in very streamlined.
Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Texas. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Texas. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account s , or dividing any marital portion of an account by a specific percentage or a dollar amount. Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.
A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time.
These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
Texas Divorce Laws & Waiting Periods | LegalZoom Legal Info
We provide Texas Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income. Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.