Countless marriages are suffering due to various problems that sometimes only the husband and the wife can solve but instead of finding the best solutions to this, they give up their relationship. In this case, their children will be affected, confused, and heartbroken which are the usual things that some parents did not consider just because they are not on good terms. Giving up being a husband or a wife is a tough decision to make but sometimes this is the last thing we can do before we lose respect for ourselves, our partner, and our children.
To make this legal, we find divorce lawyers in Austin law firms for consultation and to help us understand the process, our rights as a petitioner, children’s custody, and whatever claim or support we can get from this. If you are going to file a request, hiring an attorney in Texas is important because there are legal transactions, trials in the court, and arguments associated with the process. Therefore, we need a reliable person to assist us and this is someone knowledgeable in fighting divorce cases in Austin, Texas.
Everybody knows that marriage is quite a complicated system and many couples out there are experiencing difficulties, too, because some people change after getting married and living together. Some couples are trying their best to keep their married life strong, especially after having kids but this did not happen to other couples. Let’s just face it, both husbands and wives have differences which we can only see after the next couple of years together but we can’t always be kind when it is already tormenting us because we can choose to be free.
Filing A Petition
Most petitions are filed by the wife because she is usually the one who suffered and is always abused but if she can’t manage this anymore, then I guess she has the right to make such a request before things get worse. Parents, our mothers, in particular, have a long patience and wide understanding but sometimes, they also need to stand on their own feet when they know the situation is already going too far. Because of this, they make decisions and one is to give up their marriage because they cannot handle it, they are left with no choice, and even counselors cannot do anything to help.
So if you would like to file a divorce in Austin, then visit a lawyer and he will help you with the process. Just make sure that you are a resident here for at least 6 months because you can’t do this in Texas if you stayed not long. This is your first step so make sure that all the necessary information about your family, income, properties and your primary reason for this request are all declared.
After that, your other half, who is the respondent will receive a notice that you are requesting a divorce. It would be great if this letter will come from the court or law firm. In this way, your spouse will believe that you finally decided to break up.
When you obtained properties during the years of your marriage, you may request a TRO or Temporary Restraining Order – see https://texaslawhelp.org/article/temporary-orders-temporary-restraining-orders-tros, so that nobody can touch the assets of the family. Who knows, the respondent might just take some of these or keep them somewhere so they won’t be divided or be given to the petitioner. Then the court may decide to freeze the access to these.
Since the respondent is already aware of the request, he needs to hear the ground rules as well. This time, the court will have to study your case to determine how the assets and income will be divided equally. Aside from that, if your children are still minors, then the judges will also decide whom to give the custody to and what percent is their financial support.
In this step, the couple will have to present a list of their belongings so that they can see the details of the assets, savings, and income. The lawyers from both parties should negotiate and review the authenticity of these documents before presenting them to the trial court. In this way, there would be an equal division of the wealth to both the husband and the wife, then would talk about the responsibility of the children.
After that, the couple will be attending mediation to learn more about common grounds before finalizing the divorce. The lawyers can negotiate and agree to a settlement so that they won’t need to proceed with court trials. I guess this is a good way to minimize the legal costs because trials may take some time and pretty sure that both parties want to end this fast.
After mediation and there were no agreements made, then the court will have to step in. this case will be filed in the trial court and the judge will decide on the division of assets as well as income and debts. He will also decide about the custody of your children and how much they can receive as financial support which will come from the family’s assets. And then, there would be alimony to be decided, too.
Pretty sure that both parties will agree to the decision. If one of the spouses would like to make a complaint, then he needs to go for it before the case is closed. When the judge already decided without disagreeing during the said announcement, then this will now be documented as paperwork, and transfer of properties and financial transactions will be made – read this for more details on finalizing the case.
So if you think that there is an unfair decision, then you better complain and prepare pieces of evidence. You have the right to voice out properly your opinion through your legal adviser so that the judge will hear you out. If you are not going to do this, then you cannot fight for your right as a petitioner because you are the one who requested for this and that is because you know that there is something wrong.