Types of Divorce in Texas
There are a number of reasons why someone would want to end their marriage through filing for divorce. Reasons for ending a marriage may range from infidelity to just feeling that you and your spouse are incompatible. However, divorce is a complex process in Texas especially if there is significant property or children involved in the process. Fortunately, there is more than one way to get a divorce.
Uncontested divorce happens when both parties work things out mutually to reach an amicable resolution. That means they agree on how community property should be divided, financial issues involved, child support and other issues. Though this type of divorce can be finalized quickly, there have been cases where spouses have given up rights that they didn’t even know they had. Some have given up rights such as spousal maintenance, income from real estate, retirement benefits and more. However, you can hire an experienced attorney to ensure you do not give up any of your rights.
Here a neutral attorney guides the two parties through a negotiated process so that they can arrive at an amicable resolution. Mediation often takes a full day for an amicable agreement to be reached. However, the time it takes depends on the issues and how far apart the couple is on what they want and what they believe is fair. The process is normally held in the Mediator’s office or at one of the attorney’s offices.
The needs and wishes of both sides are presented and efforts are made for a mutual compromise to be reached. Many courts in Texas often require couples to go through mediation before going to a final hearing. Parties only go to court f the mediation does not work.
COLLABORATIVE LAW DIVORCE
Just like in the mediated model, a transparent negotiated process takes place to allow the parties to agree. However, in this process each party not only has an attorney but there are other neutral experts present. These neutral experts may include mental heal health professionals, financial experts, and experts trained in conflict resolution.
In each meeting there is a separate agenda that is discussed and both spouses keep minutes and take notes. The agreement reached in the process is recognized by Texas law. Things discussed during this collaborative law divorce process cannot be used as evidence against the other party in a court because they are confidential.
Contested Divorce in Texas
The spouse seeking a litigated divorce will have to file an original petition, and the other party must be “served” with the lawsuit. Filing must be done even if both parties agree to have a divorce. A litigated divorce means going through hearings, presenting evidence and a trial. Both spouses will need an attorney to argue on their behalf in the court on matters involving property division, child custody and so on. The court may also issue temporary orders if requested by a spouse as the divorce process continues. This type of divorce can cost a lot of money especially if takes a long time for the divorce to be finalized.