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Residency Requirement The State of Texas requires that one party be a resident of Texas for 6 months and must have lived in the county in which the divorce papers will be filed for 90 days. As long as one spouse meets this requirement either one can file for a divorce. Best interest of the child The legal standard or doctrine for making child-related decisions.
Contested and Uncontested Divorce In contested divorces, the parties are adversarial, they cannot agree to a separation agreement. In uncontested divorces, the parties agree to all matters, or one party fails to respond to the divorce proceedings after being served either by Citation or a Legal Notice.
Notice; Legal Notice The procedure for informing a party that a legal action or motion is pending before a court.
Child Support Court-ordered payments from the non-custodial parent to the custodial parent that are not tax deductible by the non-custodial parent, nor includable in the custodial parent's taxable income.
Waiting Period The
court may not grant a divorce before the 60th day after the date the date the
suit was
filed. The waiting period allows couples to hopefully reconcile and come to an agreement with any contested issues regarding their pending divorce. Change of Name In
a Divorce or Annulment, the court shall change the name
of a party requesting the change of name to a name previously used by the
party unless the court states in the decree a reason for denying the change
of name.
The court may not deny a change of name solely to keep the last name of
the family members the same. A change of name does not release a person from
liability incurred by that person under a previous name. The person whose
name
is under
the section may apply for a change of name certificate from the clerk of
the court. Remarriage If you are planning to re-marry you will have to wait 30 days from the date your divorce was finalized. Petitioner The spouse who is asking the court to grant a divorce.
This spouse will be the
one who files the papers and attends the divorce hearing Respondent The other spouse who is involved in the divorce. Service
of Citation Citation
will be served to the Respondent after the filing of an Original
Petition in
a suit for Dissolution of Marriage. This process is done
by an
authorized process server. Pro Se This is legal Latin
term that means "for self" it
shows the court that you are representing yourself. Separate Property This
is property that belongs to just one spouse. It can be property that was owned before the marriage, it can be a gift or inheritance or recoveries for personal injuries sustained by a spouse during marriage. Community
Property Texas
is a community
property state. Community Property consists of the property
other than separate property that was acquired by either spouse during the
marriage. Joint Debts This is debt that was acquired during the marriage
and has the names
of both
spouses. If you owed money to anyone before your divorce,
and your spouse is ordered
to pay, but doesn't you will still be liable for
that debt. Your spouse will just be in contempt of court. The creditor can
still
come
after
you
or repossess
the property. After the divorce both spouses will
be responsible for any debts that are in both spouses names. |
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(c) 2012
Affordable Texas Divorce |
