While living in Texas and decide to end a marriage, it’s critical to bear in mind that the process can be mentally draining as well as a financially stressful affair. Both of these do not have to make one anxious and put a break to the annulment process. The reason behind separating lies in the disagreement of partners to the extent that they cannot continue living together as husband and wife.
Therefore it’s imperative to understand various types of divorce accepted and where to get the forms applicable to proceed with the process.
First, determine the type of ending the marriage which can be online, mediation, do it yourself or even litigation.
In the cases of online divorce, this is where the parties seek the support of an online site and file divorce documents. The cost of divorce, in this case, is reduced since the only cost implication is the application fee after you have qualified to file for divorce using the site.
Once the divorce papers are downloaded, the petitioner proceeds to fill them with the support of the site lawyers in the event of a challenge.
The complete documentation is done without an attorney, and this is considered one of the most inexpensive forms of marriage termination in Texas.
In an uncontested divorce, the couple agrees to work together, fill the divorce documents through the web, and submit the completed forms online for a decree to be made.
However, if the divorcing partners fail to agree on some issues such as child custody, assets division, or any other property, then it is advisable to seek the services of an attorney to bridge the gap.
However, there is a need to understand how the process is done before starting;
Understand who qualifies to file for online divorce.
Both partners must agree to file for an uncontested termination of their marriage. This ends up making things more comfortable and less expensive for them. Among the things that could bring contentious issues to include;
iii. Alimony which is well known as spousal support
Division of debt existing as at the time of filing for divorce
Division of property such as real estate and vehicles.
Where to get Online divorce papers
This can be a hard task, but with proper research, there are various ways to access the forms.
Texas State website- In the case of do it yourself divorce, the forms can be downloaded online from the States web.
Use of reputable sites- Various sites offer support while filing for separation. All that is required is to research for the one that qualifies best, go through a set of questions and if successful, proceed to access the divorce forms and start the application.
Nevertheless, there are restrictions which are imposed in Texas for couples to proceed with filing for break up online and these are;
o There must exist an agreement for both of you to continue and file for the annulment
o You should not hold any property together nor any expectation of retirement benefits which could bring contentions during the process.
o There should be no window of seeking alimony for either of the parties.
o You should not have any bankruptcy case ongoing.
If the couple qualifies for these, then they can proceed with filing forms and submit to the courts as they await the judge’s decree.
Among the essential things to learn while filing for divorce in Texas include;
Grounds for Divorce in Texas.
Texas accepts both fault and no-fault forms of annulment since it is a mixed state, and disputes can arise in any form hence given a window to manage the ground as to which the annulment is applicable.
Either of the spouses must be a resident of Texas for at least six months before filing for divorce
Resources for Do it Yourself Divorce
This is a question that is of interest to many couples, and the answer is that the local courthouse has the forms ready for filling such that one should not be challenged over where to access them. Besides, the Texas Young Lawyers Association Website is available and supports with such forms. All that one needs to be to login to the website and download the correct forms.
Below are the forms required to be submitted to the Texas courts?
o Bureau of Vital Statistics form. Civil Case Information sheet
o Petition for Divorce.
o Certificate of Last known address
o Waiver of service
o Final decree
o Affidavit of Military Status.
If the parties have children under the age of 18, then other forms are added which are
Child Support Worksheet
Income Withholding form for a support order.
However, these forms depend on the county that the couples reside in. The judges have the right to ask for any other, but these are the necessary forms that are filled in Texas for determination of the termination.
Child Support in Texas.
The most important fact that is adhered to is the fact that the children are not liable to the ending of the marriage, as such, they still need the love of the parents and should be supported by both parents. The court can issue a joint custody arrangement depending on the children’s preference. But if one of the parents was abusive as at the time of separation, then an order is issued to the custody of the same parent.
However, the abusive partner must comply with the support order that is issued by the Texas governing judges.
Being in Texas, then one must be engaged in community development. Spousal property is classified as community property and whatever property that was achieved while in marriage, it is termed as marital property.
As such, it is divided amongst the parties equally.
It is therefore essential to take precautions during the process of separation when it comes to property, agree on the way forward, and avoid lying to the courts about the ownership that you held together. Otherwise, the courts have the right to deem it necessary to divide the property to the favor of the partner who has the correct information.
The type of property that is divided in this case include
Bank accounts and valuable items such as gold that were bought while still married.
Finally, it’s always imperative to prepare yourself financially before discussing any divorce-related issues with your spouse.