Texas divorce laws are not deeply complicated, but there are several steps that have to be followed. Steps that are required cannot be bypassed, although not all of the steps will apply to each person’s situation. For example, a divorcing couple who have children will have to follow a slightly different procedure than those who do not have children. The same is true for divorces that are contested or collaborative, as opposed to those that are completely uncontested. In any divorce case, you will want to retain the services of Schenk Law, to help ensure that you understand the legal process and that you get a fair resolution when your divorce is finalized.
A petition is required to be filed in order to begin the process of divorce. There are no-fault and with fault divorces in Texas. Whether one party was at fault in a divorce decision can affect how the assets of the parties are distributed by the judge. Many of the divorces filed in Tarrant County court are no-fault divorces, as this is the most commonly filed option. In these cases, the law states that there must be just and right distribution of the marital assets. If the parties can agree on that distribution on their own, that is generally acceptable to the court. When there is a with fault divorce, that distribution may be different, with more of the assets going to the wronged party.
No matter what type of divorce you are filing, though, Schenk Law can help make the process much easier and less stressful. You will not have to worry about filing the proper forms, or filling them out correctly. You can also work with Schenk Law to determine what is fair and just when it comes to assets, so you and your spouse can hopefully work out an agreement between the two of you. Once one party has filed for divorce, the other party will be notified. If the divorce is amicable, the respondent can choose to sign a waiver of process, so they will not be notified when the divorce is filed. Then there are 20 days for the respondent to file an answer to the divorce proceeding.
In uncontested divorces, the respondent may not file an answer at all. However, it is always important that the respondent know what is in the divorce petition, in case there is something they disagree with and must respond to. If they fail to respond, they could end up with a divorce decree they feel is unfair to them. That is one of the most important reasons to have an attorney like Schenk Law in a divorce case, to ensure that everything is properly filed, read, and addressed in a timely manner to avoid future problems with the divorce settlement or decree.