Whether you choose to pursue a divorce or be served the papers from your partners, you need to understand how the process works. Learning necessary information from a divorce lawyer in Arlington, Texas, can help you learn all your options and choose the best-suited route for your needs.
Basic Divorce Process Information
Due to Texas regulations, one of the two partners must have fulfilled a 6-month residency requirement before beginning paperwork. Both partners do not necessarily need to reside in the same state they choose to make the divorce decree. For someone to commence court proceedings, they must do so in the County Court of Common Pleas for each partner’s residence. There is also no current legal requirement for those seeking a divorce to be legally separated & living apart from each other when the divorce is requested. In some cases, separation is a requirement, and one partner could seek a no-fault divorce without their spouse’s consent or knowledge. For this option, the couple must have been living separately for two years.
Divorce Options for Different Cases
Although not commonly known, there are different divorce options for spouses filing or responding to a complaint. The most familiar option is the no-fault or more widely known as mutual consideration. In this option, the couple agrees that that marriage and relationship is beyond saving or salvaging and is irreversibly broken. A mutual consideration divorce follows with the court granting 90 days for the couple to sort through their indifferences and pursue a final decree. In some cases, divorce can take a lot longer, like when there are children involved or co-owned assets, leading to one of the spouses pursuing a fault-based divorce. One spouse could then argue that the other’s actions contributed to the marriage’s downfall and irreparability. Fault-based divorce requires proof that exemplifies the acts asserted. Some of the more common reasons are:
- Cruel treatment
The last option for divorce is when the couple has been living separately for at least two years or more, and one of the spouses declines to take part in the action. This option would require the partner to file and cite the relationship and seek a possible dissolution without assistance or cooperation from the other spouse.
The complaint is the legally abiding document that begins the divorce process. It may be filed and served on the same day by one spouse and a court officer. In the complaint, you may find the parties’ select, significant dates of the marriage and the reason for proceeding with the divorce filing. The one receiving the complaint is given a timeline and must respond, or the divorce may proceed as a no-consent, and the partner filing for the divorce will get everything they requested.
A divorce lawyer in Arlington, TX, like the professionals at Brandy Austin Law, is familiar with the Court of Common Pleas and could aid anyone looking to determine how they should file their divorce. The divorce process can prove to be a valuable asset that helps you navigate a challenging time in your life.