Steps Involved in a Divorce
If you and your spouse cannot agree on the terms of the divorce, then both of you will have to go to court to have the case heard before a judge. The divorce proceedings will initiate with a petition. The person can also request a temporary restraining order to protect themselves, their children and their estate. A temporary hearing will typically take place within 14 days. It is extremely important that you do not attempt to represent yourself during a divorce or during divorce hearings. Retaining the services of an experienced Texas divorce attorney is the recommended path for a positive outcome.
The discovery process will begin after the temporary hearing. Both sides will be thoroughly investigated. Both people will be questioned. They may have their bank statements, text messages, emails and social media pages investigated. The discovery phase can take several months.
A deposition may be a part of the process. Your spouse and witnesses will be questioned during this process. Depositions are usually warranted if the case will be going to a final trial.
Once the case goes to trial, it typically lasts for one to three days. The amount of time that a trial lasts will depend on the assets involved and the complexity of the case. In some cases, both people will have to wait for a ruling once the trial has been completed. This typically only takes a few days. The divorce will be finalized once a final order has been signed by the judge.
What Issues are Decided During the Divorce Trial?
- Child Custody
Texas refers to child custody as conservatorship. The conservator is the one will be responsible for caring for the child. Sole management conservatorship and joint management conservatorship are the two types of child custody. Sole management conservatorship is when one person is solely responsible for caring for the child. Sole custody is often awarded when the other parent is unfit due to drug use, abuse or criminal history.
Joint management conservatorship is when both parents are equally responsible for caring for the child. This is the most common custody arrangement because it is considered the best for the child.
- Parental Visitation
Parental visitation is often referred to as possession and access. If a child does not live with the parent, then the parent will be granted visitation.
- Child Support
Parents typically have to pay 20 percent of their net monthly income in child support. If there are multiple children involved, then the parent may have to pay 5 percent for each additional child.
- Property Division
The court will assume that a 50/50 split of the property is fair for both parties. However, there are other factors that have to be taken into consideration. This includes debt and assets. - Spousal Support
Spousal support is also known as alimony. However, it is rare for a person to get spousal support. There are some exceptions to this. If the spouse is mentally or physically disabled, then they may get spousal support. People who are caring for a physically or mentally disabled child may also get spousal support.
Those are the main things that will be decided at the divorce trial. Divorces often get messy and complicated. That is why you will need the help of a Texas divorce attorney. Your attorney will be there throughout the entire process. They will answer any questions that you have. Additionally, they will make the divorce process a lot easier.
If you need a Texas divorce attorney, then you should contact us. You can contact us at one of the following numbers.
Arlington (817) 522-4451
Dallas (972) 362-6848
Fort Worth (817) 764-1375
Plano (972) 354-4602
Cedar Hill (972) 338-9427
McKinney (469) 522-3688
Lewisville (972) 354-4605
Frisco (972) 725-7681
Grapevine (817) 835-8677
Irving (972) 354-4610
Keller (817) 204-0904
Garland (214) 572-2251
Denton (940) 222-4060
Addison (972) 564-8108
You can also contact us online by using our quick contact form.
