"Divorce is most likely to wreak havoc when spouses 

declare war on each other and draft their kids."  

~ Constance Ahrons

WHAT ARE THE GROUNDS FOR  DIVORCE?

Texas is now a no fault state, meaning that a person desiring a divorce does not have to prove that his/her spouse is at fault in the marriage. The most common grounds for divorce is that "the marriage has become insupportable because of discord or conflict of personalities between you that has destroyed the legitimate ends of the marriage." However, there are several other possible "fault" grounds for divorce which a person may use, including adultery, cruelty, conviction of a felony, abandonment, living apart, and confinement in mental hospital.

HOW DOES SOMEONE GET A DIVORCE?

In Texas, the Court cannot grant a divorce without disposing of property, custody and support issues. The divorce process starts with the filing of a document entitled Original Petition for Divorce. This petition is filed with the District Clerk, and your case is assigned to a Court. Each county has one or more courts handling family cases. After processing at the Courthouse, the Original Petition for Divorce must be delivered to your spouse. The most common means of delivery is by having a Sheriff, Constable, or private process server hand your spouse the petition and a Citation. Citation is essentially a cover sheet that tells your spouse a lawsuit has been filed, and there is a limited number of days in which a response must be made.

CAN THE COURT ISSUE ORDERS WHILE THE DIVORCE IS PENDING?

There may be a need for court orders between the date the divorce is filed and granted. You may need a temporary restraining order (TRO) and temporary injunction to prevent the transfer or disposition of property and/or to prevent harassment. A TRO and a temporary injunction give the same relief which, often times is intended to maintain the "status quo" and preserve property. A TRO is only good for 14 days, and is granted without notice to your spouse or a hearing. A temporary injunction is granted after notice and hearing (or agreement), and remains in effect until your divorce is granted. Realistically, temporary injunctions are routinely granted upon request, and are made mutual as to the parties. Temporary orders also determine which spouse shall remain in the family home, payment of bills,  (custody) and support of the children, attorney’s fees, and the filing of inventories, production of documents, and other matters.

I HAVE BEEN SERVED WITH A TRO, NOW WHAT?

If an agreement is not reached with your spouse concerning temporary matters before the scheduled hearing, it will be necessary for you to appear in Court at that time and give testimony.  If you have not already hired an attorney, it is highly recommended that you find and hire an attorney to represent you at the hearing.    

HOW DO I GET INFORMATION FROM MY SPOUSE?

Discovery is the process where one side learns what is relevant to the lawsuit. Whether your lawyer utilizes these methods will depend on a number of factors. If you are served with discovery requests or a notice to take your deposition, your lawyer will guide you accordingly. Your lawyer learns from you what you know. Your lawyer can request from the other side what they know. It is problematic trying to resolve a case without knowing the facts that are necessary to finish the case. A major issue in many cases involves the valuation of property and how to divide it. Discovery helps in understanding what the property is (or was or should be). You have to know what there is to divide before you decide how you would like to divide it.

WHAT ABOUT THE DEBTS FROM THE MARRIAGE?

All liabilities of the parties should be dealt with in the Decree of Divorce. However, assigning responsibility for a debt to one party does not necessarily mean that the other party is released from responsibility for the debt. The same provisions for marital liabilities apply to income taxes, except the Internal Revenue Service is a much more formidable creditor. It will be a rare case where you are not jointly and individually liable with your spouse for all taxes for any year in which you filed a joint return. This means the IRS can pursue collection actions against either or both spouses. Again, the terms of a decree ordering your spouse to pay all income taxes is not binding against the IRS, and does not prevent the assessment of penalties and interest.

HOW ARE ATTORNEY FEES HANDLED?

Absent a mutual agreement between the parties, each party is responsible for their own attorney’s fees and costs of litigation. It may be treated as a marital debt and divided like all other property in the divorce. The Court also has the option to require one party to pay all or any part of the attorney’s fees and costs for the other party depending on their respective financial resources and the facts of the case.

HOW DO I GET ALIMONY POST-DIVORCE?

To receive spousal maintenance support (a.k.a. alimony) after divorce, generally you must have been married for a period exceeding 10 years, you must  lack sufficient property, including property distributed to you to provide for your basic minimum reasonable needs.  Additionally, you must: (1) be unable to support yourself through appropriate employment because of an incapacitating physical or mental disability; (2) be the custodian of a child who requires substantial care and personal supervision because of an incapacitating physical or mental disability which makes it necessary, taking into consideration the needs of the child, that you not be employed outside the home; or (3) clearly lack the earning ability in the labor market to adequately provide support for your minimum reasonable needs.

HOW DO I GO BACK TO MY MAIDEN NAME?

You may request a change of your name as part of your divorce action. Name changes are usually granted even if there are minor children.

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* Not Certified by the Texas Board of Legal Specialization.

Principle Office is in Dallas, Texas.  Meetings with lawyers are by appointment only.

Anthony Veader is an attorney, mediator and counselor servicing Denton, Dallas and Collin counties which cities include: Allen, Celina, Fairview, Farmersville, Frisco, Lavon, Lucas, McKinney, Melissa, Murphy, Plano, Princeton, Prosper, Richardson, Aubrey, Carrollton, Corinth, Denton, Flower Mound, Highland Village, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Ponder, Sanger, The Colony, Addison, Cedar Hill, Coppell, Dallas, DeSoto, Duncanville, Farmers Branch, Garland, Grand Prairie, Irving, Mesquite, Rowlett,  Seagoville, Wylie.  The Law Office of Anthony Veader, P.C. handles matters including, but not limited to divorce, modifications, child support, child custody, visitation, access, domestic abuse, military divorces, annulments, restraining orders, protective orders, paternity, Divorce Decree Enforcement and Divorce Decree Violations, Relocation and Travel Issues, Name Changes, Common Law Marriages, CPS Cases, AG Cases and IV-D Court Cases.

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