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972.422.9176
Contested Divorce Divorce is the process by which a husband and wife can dissolve their marriage legally. The majority of divorces in Texas are based on insupportability of the marriage, or a No-fault divorce. However, other grounds may be alleged by either spouse, such as adultery, cruelty, abandonment, among others. Before filing for divorce, at least one of the parties must be a Texas domiciliary (i.e. resident) for at least six (6) months and a resident of the county where he or she files for divorce for at least the preceding 90 days. A contested divorce is one in which the partners can not work out an agreement independently. Each spouse would hire and be represented by their own divorce lawyer. The parties and divorce lawyers would work together to reach an agreement that is acceptable to both parties. The earliest a divorce can be granted is 60 days after the petition is filed, but could take much longer depending on how long it takes to reach an agreement. There is no maximum number of days in which an agreement must be reached. Therefore, it is feasible that a divorce proceeding could last anywhere from 60 days up to several years. Since a divorce can not be granted until 60 days after the petition was filed, it may be necessary to request a hearing for temporary orders. Temporary orders provide a means to determine possession and use of property, and address other issues such as matters involving children while the divorce action is pending. Despite what the common perception may be, divorce is not necessarily a 50/50 split. This may well be the starting point of a property division between the spouses, but very rarely the ending point. However, the equal division of community property rule is subject to the court statutory right to make a just and right division of the community estate, having due regard for both parties and any children of the marriage. The court may consider several factors in making a just and right division of the community estate, including:
If you feel that a divorce is the best or only option for
you and your spouse, please take the time to contact a professional divorce attorney. The Law Office of Nicholas R. Smith
will help you decide what the best approach is for you and to get the results that you desire. Contact us today to
schedule a free initial consultation. info@nicholassmithattorney.com
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