Divorce is a difficult time for everyone involved and does not get easier as a court date or mediation approaches. Divorce often brings out the worst in all of us, even in the most calm and level-headed individuals and it may often be difficult to come to an agreement. An experienced family law attorney is essential in any divorce proceeding in order to protect your rights, your finances, and your family.
You have the option to file for divorce in Texas if you have lived in the state for six months, and if you have lived in the county for 90 days. The spouse wishing to file for divorce must serve a petition on the other spouse, much like in other civil lawsuits. In certain severe situations, the spouse seeking divorce may petition a court for temporary protective orders if they believe they or their children are in danger from the other spouse. More routine temporary orders may be issued by the court which include the following:
In Texas you are not forced to bring your divorce in court. Instead, judges actually prefer that you come to terms on your own with your spouse through a mediated or arbitrated settlement. This will indicate your ability to continue to agree on future topics such as child support and child custody arrangements. A mediated divorce agreement must declare that the agreement is not subject to revocation and must be signed by both parties and their attorneys.
Both parties may also agree to a collaborative law process, which is also brought outside of court. However, if the parties have not come to an agreement after two years, they will be forced to go to court for the divorce and will be unable to use the current attorneys they had for the prior two years. Finally, parties may agree to an informal settlement conference which will be binding on both parties once they sign the document.
Hotly contested divorces are often brought in court, but most spouses with children opt to settle their divorce in a more private manner with only their attorneys or another mediator present.
If you are considering a divorce, contact experienced family law attorney Ned Gill III. Ned Gill has helped many clients come to a divorce agreement with their former spouse and understands the pain that can come with a divorce proceeding. He will work tirelessly to ensure that you do not settle for less than you want in your divorce.