Divorce and Custody Laweyer
The Rasansky Law Firm is dedicated to helping people through the painful process of divorce. Depending on your situation, you may need a law firm that takes an aggressive approach especially when a difficult spouse is involved.
Divorce laws can vary by state. Texas, for example, is a no-fault state meaning that parties can allege that the marriage is insupportable and can obtain a divorce without stating any additional additional grounds.
Although Texas is a no-fault divorce state, fault based divorces are also recognized. Bases for divorce can include cruelty, adultery, and conviction of a felony. It is not necessary, however, to claim one of these fault based grounds to file a divorce in Texas.
Texas law requires that at least one party must have lived in Texas for at least six month prior to filing for a divorce and that the spouse that files the divorce (commonly referred to as the petitioner) must have been a resident of the county they reside in for at least 90 days prior to filing for divorce.
Texas law favors joint managing conservatorship which means both parents continue to participate in the decision making and other important issues involving their children. In most typical cases, the child or children will reside primarily with one parent but have significant visitation with the other parent and although joint managing conservatorship is favored, Texas courts often will accept parental agreements regarding the custody of their children.
The divorce process begins when a spouse files an Original Petition for Divorce and depending on your circumstances this could be a rather lengthy petition. The petition must contain certain information and representations by the filing party.
The petition needs to be filed with the District Clerk and a court then is assigned to your case. After filed and the case is assigned a court, the Original Petition for Divorce must be delivered to your spouse.
The most common methods of delivery include delivery from a process server, a constable, sheriff, or by mail. Along with the petition a citation will be delivered which basically tells your spouse that a lawsuit has been filed and they need to respond within the specified amount of days.
For more information on how the Rasansky Law Firm can help through the divorce process, contact us immediately.
