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Law Offices of David Enos
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Amarillo Divorce Process
The divorce begins by filing a petition. The petition is a formal legal document that contains background information (such as when the marriage and separation occurred and the names, ages, and social security number of any minor children), states the reason a divorce is desired, and requests relief (including child custody, property division, and other matters). The is important because the Court can grant things that are not contained in the petition,
The petition should be filed in the court in the county where one of the spouses has been a resident for 90 days. Also, at least one spouse must have lived in the State of Texas for at least six months.
A divorce may be granted upon any one of seven grounds. The overwhelming majority of divorces are granted on the basis of what is called “no fault divorce” which means that the marriage just is not working because the parties cannot get along.
A divorce may also be granted for adultery, abandonment, cruelty, imprisonment, conviction for a felony, living apart, or confinement in a mental hospital. After the petition is filed, it must be served on the nonfiling spouse, unless that spouse waives service in a written, signed document. The party against whom the petition is directed has the right to answer the petition and file a counterclaim. The answer must be filed with the court on the Monday following the expiration of 20 days after service of the petition.
After a petition for divorce is filed, either party may request that the court make temporary orders that will control the family situation while the divorce is pending. The temporary orders might include such things as (1) orders for counseling; (2) orders enjoining one or both parties from committing acts of violence or harassment; (3) orders enjoining one or both parties from disposing of, hiding, damaging, or mortgaging property; (4) orders enjoining one or both parties from creating debt; (5) orders providing for temporary custody of and visitation with children; (6) orders for temporary support of children and spouse; and/or (7) orders concerning the possession and use of property. A divorce cannot be granted by the court until the petition has been on file with the court for at least 60 days.
Once important decisions have been made by the spouses or by the judge presiding over the case, the divorce will be finalized by the district court. At that time, the marriage will be terminated legally and spouses will no longer be considered married.
Professional Amarillo Divorce Attorney
For most people, the divorce process can be quite overwhelming, which is why it is in your best interest to hire an experienced divorce attorney. As an experienced Amarillo divorce lawyer, David Enos has years of experience handling divorce cases and working with the Texas divorce process. We can help clients through both contested and uncontested divorce cases.
At our Amarillo law firm, we understand how painful and traumatic a divorce can be. Contact a caring Amarillo family lawyer to learn how we can help you throughout the divorce process.