Divorce in Texas
Ending a relationship is a very common phenomenon now a days as compared to the last 50 years. With changing time, the rate of divorce has seen a leap in most of the countries. Divorce in Texas (the second most populated and extensive state in US), is quite high than in any other part of the country. The annual rate is typically about 4.1 per 1000 people, one of the highest in the United States, while studies revealed that this rate had declined at the end of the last year.
Each state in US has its own laws and procedures pertaining to varied aspects. Texas- the Lone Star State, with its capital in Austin is a place with abundant natural resources, developing cities and rich educational hub, thus contributing to a large and diverse economy. Texans are extremely friendly and warm in nature. But when it comes to commitments, they are more likely to marry and part ways as soon as possible. The major boost for the number of bad relationships have been mainly because of an individual's increased freedom of thought, expression and fading social and cultural bindings.
Main Reasons for Divorce in Texas:
- Early marriage
- Lack of communication between spouses
- Financial conflicts
- Difference of opinions (personal and career)
- Lack of commitment to the marriage
- Abuse (physical and emotional)
Types of Divorce in Texas:
The smooth process of ending a relationship depends on proper understanding of the type one opts for with the help of an experienced lawyer. Texas has both no-fault and fault divorce options and approximately 95 percent of all cases are settled by an agreement. However, coming to an agreement depends on various options that are available in Texas as follows:
- DO-IT-YOURSELF - An individual can make use of publications and online resources, who sell forms to handle a case without attorneys. Forms are available in even libraries.
- MEDIATION- This is an alternative method of litigation and is quite inexpensive. Here, a mediator and the divorcing parties assemble to discuss the disputed topics and reach a mutual settlement agreement. The mediator is a person who takes a neutral stride between the parties and never supports biased decision.
- COLLABORATIVE LAW- One of the most popular options availed in Texas. Both the parties decide not to take any contested issues in court and agree on settlement with the help of an experienced lawyer. This is a friendly and respectable method of reaching a consensus without hurting anyone's feelings.
- LITIGATION- In litigation, the party decisions are made in court by a judge, or sometimes a jury. Litigation provide resolution for people who cannot find a way to settle their differences in any other way, and court is the only route to settle down the matters. This is an expensive option of parting ways from the partner.
Rules & Procedures of Parting Ways in Texas:
- Must be a Texas resident for six months and a county resident for 90 days
- Either spouse can get a divorce simply by stating the reason for their disillusionment in the legal papers.
- One spouse files an "original petition" with the Family Law District Court, while the other spouse is served with the paperwork and has time to respond.
- If both the parties agree on key issues (like property and debt division, support and child custody, alimony settlement, etc.), then the divorce gets finalized without a trial. On the other hand, if the parties fail to come to an agreement, the court sets a date and time for a hearing.
- The law allow couples to part ways from each other on the basis of an allegation that the 'marriage is insupportable' (a no-fault basis). But at times, when spouses opts fault grounds for ending the relationship, then the fault can sometimes affect the way property is divided.
- After the case is filed, either party can request temporary assistance from the court in the form of temporary custody, child support orders, and orders to determine who pays community debts on a temporary basis.
- There is a 60 day waiting period after filing before the end of a marriage can be finalized. This may even get finalized during a brief final hearing.
Decision of moving out of a marriage is difficult for a couple in various ways. Before filing a petition, one should be fully aware of the state laws. It is advisable to hire an experienced and good lawyer to complete the case smoothly. However, one should have a complete understanding of the rules and processes that are being followed.
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