Divorce is a highly stressful process. There are many emotional and financial issues that must be addressed, as well as strict legal requirements to follow. A Dallas divorce lawyer can help ensure that all legal proceedings are handled properly, from negotiating a separation agreement to filing the necessary court papers. If you’re searching for the best Divorce Lawyer in Dallas Texas, FindLaw can connect you with the right legal professionals to guide you through this difficult time.
The first step in the divorce process is for one spouse to file an Original Petition for Divorce with the local district court. This person is known as the petitioner, and the spouse who receives the paperwork (via being served notification, usually by a member of the local sheriff’s office) is called the respondent. It is possible for both parties to act as joint petitioners and to file a divorce on the grounds of “irreconcilable differences.”
Once the petition is filed, the responding party has 90 days to respond by filing an Answer. During this time, the courts will usually consider requests for temporary orders, which can include issues such as custody, visitation, and support of children, as well as the servicing and use of property and payment of debts. It is also common for the responding party to request a Temporary Restraining Order, which will prohibit the petitioner from selling or disposing of assets until a court-ordered settlement has been reached.
If both parties agree on all divorce-related issues, they may choose to file an uncontested divorce. This type of divorce is much less expensive and faster than a contested divorce. In order for a divorce to be considered uncontested, both spouses must meet three basic requirements: state residency, agreement on the cause of the divorce, and an understanding of how they plan to divide their property and debts.
In most cases, a spouse who is contesting an at-fault divorce is able to argue that the petitioner was not diligent in their search for their spouse. However, this does not stop the divorce from proceeding as planned, and it will not affect how the court ultimately resolves any underlying issues in their case.
In addition to traditional contested divorces, Orsinger, Nelson, Downing & Anderson also handles divorce cases based on irreconcilable differences and other fault-based grounds such as adultery, drug addiction, or abuse of a child. The firm also has experience with family law appeals. Firm partner Richard R. Orsinger is a Board Certified in Family Law and was awarded the Sam Emeson Award from the Texas Academy of Family Law Specialists. The firm works on claims involving alimony, child custody, and property division. It also assists clients with creating premarital and postmarital agreements. The firm serves clients in Dallas, Fort Worth, and the surrounding communities. It also has a satellite office in Frisco. Its website features an extensive blog that offers tips and advice for divorcing couples. It is available in both English and Spanish.
No Responses