Divorce is an extremely daunting thought; there is a lot to consider especially if you have children with your current spouse and share assets. This is why we strongly suggest for you to come in to the office and meet with one of our attorney’s or Paralegals, here they will explain the process and break down the stages for you so you can make an informed decision on how you would like to proceed with matters.
Here is a small break down of what is required to qualify:
Prior to filing a petition for divorce you must have resided in Texas for six (6) months and in the country where the case is to be filed for ninety (90) days. This requirement applies not only to Dallas County but Collin, Tarrant, Kaufman, Ellis and Denton County, which are counties to our practice area.
Preparation to filing a petition. The petition states the names and ages of the husband, wife and all children born or adopted during the marriage; when and where you were married and when you were separated: that the residence requirement has been satisfied; and that your marriage could be dissolved. It also asks the court to name a managing conservator (to have custody) for the minor children of this marriage, and a possessory conservator (to have visitation), and if you and your spouse cannot agree, to provide for support, visitation, property division, attorney’s fees and court costs. If your spouse has already filed, be sure to bring a copy of the petition you have been served to the meeting that you set up with the attorney.
Your divorce will be contested unless you and your spouse agree that a divorce should be sought and agree to all aspects of custody, visitation, support, property settlement, and the payment of liabilities, attorney’s fees and court costs. If your spouse disputes any of these matters, you do not have an uncontested divorce and a trial will be necessary. Your spouse’s mere failure to sign a waiver will not necessarily make this a contested case.
Please ask yourself these questions before seeking an attorney:
- Are you absolutely sure you want to proceed with a divorce?
- Have you resided in this county or surrounding counties for more than 6 months?
- What do YOU want – Is this contested or uncontested?
- Am I prepared to spend money on an attorney? ( Fee’s vary from one attorney to the next- find an attorney that YOU feel comfortable with)