Know what happens after you file for divorce

in Divorce

Difficult as it may be – sometimes a divorce is the only way out of a dead marriage. If you are planning to take this important step in near future and want to know how the procedure works in your state, here is a concise idea. However, this information is only a guide. You need the help of a competent divorce attorney to handle the case.

Texas laws permit you to file for a divorce if you, or your spouse, were residing in the state for continuous 6 months and at least for 90 consecutive days at the county of residence, i.e. Dallas. Here is a step-by-step guide to the procedure.

Original Petition for Divorce: Filing this petition initiates the legal proceeding. The other party, i.e. the Respondent, receives a notification. If you and your spouse are already working towards a settlement, the respondent requires waiving the service in a written statement.

Temporary Restraining Order: You can request this from the Dallas District Court. This restrains any of the spouses to sell off assets prior to the finalization of the divorce. It also helps prevent harassment or violence from a threatening spouse. As per this order, none of the two can behave rudely towards the other.

Respondent's Answer: The respondent must file an ‘Answer' within 21 days from the petition filing. If there was a restraining order, the court hearing is scheduled within a period of 14 days.

Discovery: This is the phase of exchange of information and relevant documents. Apart from asking for important documents, the common methods of discovery are as follows:

*  Depositions
*  Interrogatories
*  Requests for admission

Settlement (if possible): It saves time and money if the two parties agree on the issues and come to a settlement. However, it is best to work with a competent Dallas divorce attorney to ensure that you receive a fair settlement. If a settlement is reached, the Agreed Decree of Divorce is prepared. The two parties, and their attorneys, as well as the judge have to sign this decree to make it official.

Mediation: If you do not agree on certain terms and yet want to settle the issue without trial, you may choose mediation. In this process, a neutral third party, i.e. the mediator, helps you to negotiate the points of conflict and come to an agreement.

Trial (if necessary): If all else fails, the divorce case goes to trial at the Dallas Court. The complexity of the case and the number of unsettled issues dictate the time required to reach a resolution. Once the issues resolve and the trial ends, one of the Dallas attorneys drafts the Final Decree of Divorce. This document, outlining the rulings of the court pertaining to the divorce, is binding on both parties.

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David Johnson has 5497 articles online and 3 fans

A regular contributor to legal journals, David Johnson offers practical tips to find solutions for divorce related legalities. If you wish to consult a Dallas divorce attorney, he suggests you to check out the information available from http://www.dallasdivorcelawyer.com/

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Know what happens after you file for divorce

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This article was published on 2010/09/14