Some Aspects Of The Divorce Procedure In Texas
In order to get a divorce in Texas, one of the spouses has to be a resident of the state for a continuous period of six months. He/she also need to live for a continuous period of 90 days in the county where the divorce is filed. There is a waiting period of 60 days from the date of filing of divorce petition with the court. It does not follow that a divorce is involuntarily final on the 61st day. However, the divorce could be made final on the 61st day if both the parties agree to all the terms and conditions in the divorce petition and which is signed during the 60 day waiting period. The divorce is made final immediately after the judge openly pronounces it so in the court and signs the decree of divorce. But, it could take up to an average of six months to one year to finalize a divorce if the parties are not in agreement. In such a case, the time period depend on the complexity of the issues and the degree of dispute.
Texas law permits for “no-fault” divorces. However, if one of the petitioners is at “fault” for the marriage to crumble, it is taken into thought by the court in order to determine a fair division of the property between the parties. In order for the court to consider this, the other spouse may want to plead fault grounds in their petition. The statutory grounds for divorce in Texas are:
1. Adultery
2. Cruel treatment that makes it intolerable for further togetherness
3. Abandonment for a duration of at least one year with the intention to abandon
4. A Long-standing internment of more than a year
5. Confinement to a mental hospital for at least 3 years
6. Living apart for at least 3 years
7. Inability to support
Maintenance from the spouse could be obtained if the requesting party meet any of following criteria.
· The spouse who pays the maintenance was condemned of family violence within 2 years of the date of the filing of divorce;
· The marriage was 10 years or longer and the requesting spouse is short of sufficient property to survive meeting his/her minimal needs, which includes property granted in the divorce. Also if he/she is not able to sustain him/herself through appropriate employment because of a debilitating physical or mental illness;
· The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs which also includes property awarded in the divorce and if he/ she is the custodian of a child who requires significant care and personal guidance, which makes it essential for that spouse to stay at home with that child;
· The marriage was 10 years or longer and the requesting spouse lacks sufficient property to provide for minimal needs which also includes property awarded in the divorce and the requesting spouse does not have the capacity to earn in the job market which is sufficient to afford a minimum standard of living..
If the party meet the criteria for maintenance which come under (1) (3) or (4), the maximum term of maintenance is 3 years. The amount awarded cannot be more than 20% of the gross income of the spouse who pay for the maintenance. If the party qualifies for maintenance under (2), the term of maintenance can be indefinite.
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Divorce – Why Collaborative Law Is Different From Family Mediation
Collaborative law can be quicker than both traditional divorce or the family law mediation process. Through discussion, problems are shared and solved, giving couples control over their divorce rather than relying upon a judge. Collaborative law is a new option in the UK but is likely to become the preferred method of divorce in the future.
Within a traditional divorce case, correspondence is exchanged between opposing family solicitors, and court appearances follow, all at high expense to a divorcing couple. Court appearances can end up being months apart, prolonging the process, which can be draining both on finances and emotions. In collaborative law, an out of court settlement, structured in a non aggressive and amicable style, is encouraged, with an incentive that if an agreement is not reached, then a couple will have to appoint new legal advisers. This would increase expense for a couple, who may have fallen into a cycle of recrimination and constant grievance airing. Collaborative law therefore aims to make a final and lasting settlement that takes into account the needs of both sides, and especially those of any children affected.
During mediation, a couple will meet with a neutral mediator, with no solicitors present. A mediator will seek to help a couple reach a solution, though will not offer specific legal advice to either side, whereas this is not the case with collaborative law. In a collaborative divorce, solicitors for both parties are present to give specialist advice at every stage of discussion. In mediation, solicitors can become involved at too late a point, but collaborative law provides a more structured approach, with a trained family solicitor regularly contacting his client and opposite number to discuss progress and plan meetings.
Another difference between collaborative law and traditional divorce is that external professionals are often involved. People such as marriage guidance counsellors and accountants can be involved when discussing a settlement, helping both sides’ emotional and financial needs. Once an agreement is reached, both parties involved will sign the paperwork, and lawyers can then file documents with a court for final approval. In comparison with the often stressful and time consuming process of divorce, collaborative law offers both a speedier resolution, and closure on a troubling chapter of a couples’ lives, and allows them to move on from a marriage.
The whole divorce process is never an easy one. Involving a family law mediator or collaborative law solicitor can help significantly reduce stress and friction from the divorce process.
Bonallack and Bishop are a firm of Andover Family Solicitors with experience in Collaborative Law. Tim Bishop is senior partner at the firm which he has grown by 1000% in the last 12 years. He is responsible for all major strategic decisions and sees himself as a businessman who owns a law firm.
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