Sanchez & Flores
Attorneys At Law
Family law firm located in Austin, Texas that handles divorce, custody suits, child support suits, modifications, enforcement, adoptions, wills in Travis County, Bastrop County, Williamson County, Bexar County, Caldwell County, Hays County, Montogomery County.
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“Fault Ground” can be considered as the main reason for getting a divorce. It can happen due to some specific circumstances and facts. As per the Texas Family Code, there are seven fault grounds that qualify for this.
- Conviction Of A Felony
- Living Apart
- Confinement In A Mental Hospital
In case you are facing any of these circumstances, you should contact a Family Law Attorney and they can help you file a petition for divorce. Most commonly, divorces are filed under insupportability grounds.
After filing a petition for divorce, everyone wants to get it done as fast as possible. As per legal procedures, you have to wait at least 60 days. Mainly, the waiting period is based on some factors, such as – fault ground, consent between partners, deciding rules & regulations, further decisions, etc.
Couples are often worried about the property when it comes to divorce. According to law, property that is created by the contribution of both partners during the marriage period will be split equally. It is not only applicable on assets, but debts are also treated like this. In case any spouse gets inherited property after marriage, it will not be split. In case one of the partners had any debts from before marriage, those will not be divided either. If one of the partners gets personal gifts during the marriage period, he or she will keep full possession of it after divorce.
In order to split all the property, a list has to be made, including proof of property and market value. This list shall include all types of assets, bank accounts, debts, mortgages, etc. After the list is made, it will be shared with the other spouse. Dividing everything will be dependent on the mutual consent of both you and your spouse. A meeting will be organized for that. In case both partners are not agreeing with each other, it will be handled by the court. Here, we notify court first, and then things will be sorted in hearings.
In some cases, spouses cannot wait for long to get everything solved and come into effect. In these conditions, the option of temporary orders can be considered. Here, an order will be passed by the court temporarily. This order will remain in effect until all proceedings are not finished.
To get a temporary order, you need to wait for at least 3 days from the day when your spouse receives a divorce notice. After that, you can apply in court for temporary orders.
In Texas, ‘no-fault’ regulations are applied. Due to it, there is no place for legal separations. You will never get legal orders from the court to separate for a short time.
Most commonly, these types of conditions appear with military personnel. If you or your spouse is working in the military and you want to file a divorce, you should discuss everything with an attorney before taking any action. The attorney will provide complete clarity and suggest the best possible step to take.
If you are interested in filing a divorce in Texas, you should have lived in Texas for at least 6 months,and be a legal resident of the county where you filed the case. In the case of military personnel, fulfilling this requirement may not be possible. Here, it is good to consider one of the best divorce lawyers in Austin, Texas, and apply for divorce after proper discussion.
Texas is a no-fault divorce state. It is the main reason why no one can stop you from getting a divorce, not even your spouse.