If you're getting a divorce, you might be reading online about how litigation isn't the only way to secure a divorce, and that you can get the job done through alternative dispute resolution with less stress and less impact to your wallet. That may be true for some people. But not every relationship is the same, and in some circumstances it may in fact be better to go the traditional litigation route, either through settlement or by taking things to court.
You entered your marriage trusting that your spouse would "love and honor" you and your marriage, but now you're not so sure.
It's no secret divorces are usually litigious, aggravating, emotional and expensive undertakings. It's rare for one party to complete the process and recover everything they sought in the divorce, but one constant recurs in a majority of divorces: both parties often end up with what they would have had the case settled sooner.
What do you do when you are divorcing and need to come to agreement regarding a property settlement, but your house, formerly your largest asset, is now underwater?
If you've decided on divorce, it's useful to know the first steps to take to protect your rights and the best interests of any involved children, before you jump into serving papers. Divorce, even if you are the initiator, can be a traumatic, upsetting, and conflict-ridden experience. How you move through it may well impact your future, your children's future, and your financial and emotional well being for years to come.
While it might not be the most romantic scenario, a third party is involved in every marriage in the state of Texas. That third wheel is the government of the Longhorn State. Just as every state in the union has its own laws governing marriages that occur within its boundaries, every state also has its own laws controlling divorces. And, while there is generally nothing simple about divorce, there are some basics that all cases filed under Texas law share in common.
Imagine you are in the middle of a divorce when your soon-to-be former spouse announces she is pregnant. You do the math and realize there is no way you could be the baby's biological father. Will this scenario impact your divorce, and if so, how?
How the Collaborative Divorce Approach Works
Often, when your marriage comes to an end, you don't want to keep fighting with your ex-you've probably been doing that for a while. You just want it to be over, quickly and without a lot of expense and bitterness. The collaborative divorce process can help you cooperatively come to resolutions and move forward with your life.
When Your Spouse Has Cheated on You-Infidelity and Divorce in Texas
Texas is a "no-fault" divorce state. You can seek to terminate your marriage with stating any specific reason. You need only acknowledge to the court that there is incompatibility in your marriage. Does this mean, though, that the fact that your spouse carried on an extra-marital affair plays no part in your divorce proceeding? Not necessarily.
How the Texas Courts Establish Custody and Visitation
In Texas, you can enter into a mutual agreement regarding the custody and visitation rights of parents with respect to minor children. However, if you cannot come to an agreement, the court will, in its discretion, make a determination of what is in the best interests of the child. Children who have reached the age of 12 may participate in the determination of custody and visitation arrangements. This blog post looks at the factors the court will consider when evaluating what is in the best interests of the child.