A divorce involves many different issues that may need to be determined during the dissolution of a marriage. The divorce may include issues such as:
- Division of property (assets)
- Division of debt (liabilities)
- Spousal maintenance (alimony)
- Tax issues
- Provisions for sale of property
- Child custody
- Child visitation
- Child support
While most divorces are resolved through agreements of the parties, divorces may be contested or uncontested. A divorce that is uncontested may be as simple as the attorney drafting up paperwork, and proving the divorce in front of a judge. If the parties cannot reach an agreement, both parties’ should hire an attorney.
Filing a Petition for Divorce
The initiation of the divorce process starts with the filing of a petition. The divorce petition will include information about the each spouse, the children and jurisdiction, as well as other requests. Basically the divorce petition is what you are asking the court to order. While both spouses may desire a divorce, the initial petition for divorce is only filed by one of the parties. The other party will file a counter-petition.
Who Files First?
The benefit of filing first is determined by the facts of your divorce. A divorce is a lawsuit whereby one spouse is suing the other. When the divorce is contested the other party will have to be formally served with the lawsuit.
These initial steps mark the beginning of the divorce process and thereby bringing attention to the issues that may need immediate resolution. Initiating the divorce first can start the movement on orders that may benefit your interests. For instance, if the parties have funds, retirement, or investment accounts the party filing first may include provisions that would restrain the other party from accessing or liquidating those assets.
Serving a Restraining Order
Serving your spouse with a restraining order, along with the initial divorce petition, will protect certain assets — that are protected by the order — from being wasted. A restraining order is only valid for 14 days, so a temporary orders hearing will be set to hear the matters prior to the expiration of the restraining order.
The temporary orders hearing will address the issues included in the restraining order, along with other issues brought up in your initial pleadings. The temporary orders are the rules the court will order the parties to follow while the divorce is pending. Issues that may be dealt with in the temporary orders hearing include use and possession of the marital home, use and possession of a vehicle and other property, child custody, possession, access, visitation and child support, among other issues.
Do you need assistance from a qualified Divorce Attorney?
Scheduling a consultation with an experienced Georgetown Divorce Lawyer is important during this early period of the divorce process. Please call us at 512-843-1144 to schedule your consultation.
Our Divorce Lawyers serve the following communities
As well as Round Rock, we serve the following communities and zip codes in Williamson County Texas: Cedar Park, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin. The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.