What You Should Know About the Law & Your Options in Divorce
Divorce can be complicated no matter how amicable the parties are, so it is important to know the basics. This general overview is structured to help you gain a basic knowledge of the process and the options available. One of the most important things to remember is that, in Texas, divorce is “no-fault.” This means that a spouse can file for on the grounds of “irreconcilable differences” without having to prove a history of infidelity, abuse, or some other extenuating circumstance. This does not mean that the circumstances of the divorce are inconsequential; it just means that one party is not going to be forced to remain married to the other party if a judge does not see a reason for the divorce.
Once a spouse decides to file for divorce, it is not an overnight process. The minimum waiting period after a divorce petition is filed is 60 days, but it may take longer if there are minor children involved and/or settlement terms that need to be negotiated. There are also multiple avenues to take in the divorce proceedings. Briefly, these types of divorce include:
- Litigated Divorce. This is the most common method for obtaining a divorce. While a litigated divorce does not necessarily mean that the case will be finalized by a judge in court, it tends to be the most common form of obtaining a divorce. In a divorce, emotions are high. Often one person does not necessarily want the divorce. The litigation process often is the default for most parties because they have not been informed about any other method of getting a divorce. The majority of the time, litigated divorces are settled through negotiations between the parties, their attorneys and/or through mediation. If a negotiated settlement cannot be reached a judge or jury will decide the case based on the Texas Family Code. The Law Offices of David Bouschor II, L.P. has attorneys that will walk you through the litigation process.
- Collaborative Divorce. The collaborative divorce process is a process that finds solutions through interest-based negotiation. In a collaborative divorce, both parties retain attorneys. Then the attorneys, spouses, and typically other neutral parties such as financial planners and a communication coach work through gathering information and option development to settle your case. Once a settlement is reached in the collaborative process, it is drafted into a Decree that is signed by a judge and filed with the clerk to finalize the divorce. David Bouschor is well versed in the collaborative divorce process and can help you determine if this route is right for you.
If you are considering a divorce, contact The Law Offices of David S. Bouschor II, P.C. Their attorneys will be happy to utilize their over 40 collective years of experience to discuss your family law needs.
For questions pertaining to these or any related topic contact The Law Offices of David S. Bouschor II at (940) 202-8323.