Most divorce cases seem pretty cut and dry. A couple wants to separate so they go to court, and it is off their separate ways. There is much more to it than that. There are also plenty of truths many people do not know about divorce in the state of Texas.
Should a married couple be expecting a baby, mostly all courts in the state of Texas will not finalize the divorce until the baby is born. The reason for this is due to the need of an eventual child support order which will be included as part of the final divorce decree.
A divorce can also be done without any feedback from the party being served with divorce papers. From the time respondents are served with divorce papers, they have 21 days to respond with an answer. If an answer is not provided, the case becomes default and the process can be finished without the respondent.
Once a divorce is final, neither party can marry someone else for the next 31 days, unless they can show a just cause to the court. However, the divorcing parties can remarry each other within that 31-day period.
Texas is a no-fault divorce state which means that a divorce can be granted without having to put any kind of blame on the spouse. However, there needs to be grounds for a fault-based divorce.
According to Texas law, a spouse is granted the right for a fault-based divorce if their spouse has been convicted of a felony and incarcerated for up to a year. One year of abandonment also gives a spouse grounds for a fault-based divorce. Couples who have lived apart for at least three years can file for a fault-based divorce as well.
Children who are at least 12 years old have the right to declare which parent they would like to live with, though the court still has the final say in the matter.
Divorces happen for many reasons. Whatever those reasons may be, it’s important to have an experienced divorce attorney working for you. Hixson Law Firm has helped many spouses through the divorce process in the Mansfield, Arlington and Grand Prairie areas. The help you need to move on with your life is waiting for you at Hixson Law Firm.