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The Texas day divorce | Law Thompson, P.C. | Houston, Texas
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If you have questions, comments, or concerns, please contact us at attorneyservices rocketlawyer. I understand. The spouse who has not responded has given up his rights to have a say in the divorce case. There are a huge variety of different forms that the filing spouse is going to have to fill out in the event of a true default where no response is received to a divorce petition. The filing spouse will also need to file a form for a declaration for default, or uncontested dissolution or legal separation. If the spouse seeking the divorce wants to enter a custody arrangement, is looking for support, or wants marital property and debt divided up, there are more forms to fill out.
The spouse who completes all these forms is likely to get the divorce agreement he or she wants, so the spouse that does not respond needs to know the tremendous risk that he takes by not arguing for his interests. Call today to schedule a consultation with an Irvine, CA family lawyer to learn more. Gregory G. In many or most instances, the determination of the appropriate settlement terms on these important issues will require legal guidance from an experienced divorce attorney.
In most cases, it is recommended that an attorney prepare or supervise the preparation of the final decree and other related documents. But the important point for determining whether or not the divorce can be a quick divorce is to determine whether or not you and your spouse can come to an agreement, or have an absence of disagreement, as to these ultimate terms. If your spouse has received legal notice by voluntarily signing a Waiver of Citation, then this is usually a reliable indicator that the two of you may be able to reach an agreement on these important settlement terms, which can then be included in the written final decree that you and your spouse can sign.
Or, if your spouse has received legal notice by being served with citation, and if your spouse has not subsequently hired an attorney or otherwise filed a written pleading with the court challenging some aspect of this divorce , then that may be a reliable indicator that your spouse is not interested in challenging or contesting the divorce. In other words, if your spouse receives legal notice of this divorce by being served with the citation, but your spouse does not subsequently respond to this divorce within the time prescribed, then that may indicate that there is an absence of disagreement between you and your spouse as to the terms of the divorce.
If your spouse has been furnished with proper legal notice of the divorce and has not expressed any proper challenge to the divorce proceedings, then you may be eligible to finalize the divorce without further notice to your spouse. This is what is known as finalizing the divorce on a default basis. In summary, if the above criteria have been accomplished within 60 days of the filing of the petition, namely, your spouse has either 1 received proper legal notice and has joined you in approving the written settlement terms and signing the final decree or 2 has received proper legal notice but has declined to respond to the divorce within the day period, then your case should be eligible for immediate finalization.
The finalization of an agreed or uncontested day quick divorce will require that you make a personal court appearance. The court appearance in connection with an uncontested divorce is usually a very brief proceeding, and the court to which your case is assigned will typically have regularly scheduled days and times when the court is available to hear its uncontested cases.
Your spouse is not required to appear with you in court on the date of finalization of an uncontested divorce, and the testimony and formal finalization requirements in front of the judge are usually quite brief. Your attorney will typically appear with you for the court appearance and will guide you through the process.
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To conclude, it has been the purpose of this article to summarize the basic criteria for obtaining an uncontested, quick divorce under Texas law. Such divorce can be done and finalized in Texas as quickly as 60 days from date the divorce petition has been filed if all legal criteria for the divorce have been satisfied within that day period. Needless to say, not every divorce case can or even should be finalized as a quick divorce.
Some cases may have issues of considerable complexity that cannot possibly be resolved within 60 days. Other cases may present issues that do not lend themselves to immediate settlement or resolution between the parties. Such cases can and frequently do take considerably longer than 60 days to finish. Finally, there are some cases where it may not be a good idea to be in a hurry to finish a divorce, particularly if there is a possibility of reconciliation.
Whether your marriage has been a marriage of many years' duration or of very brief duration, the decision to end the marriage is a decision not to be made lightly.
What You Should Do If Your Spouse Refuses to Sign Divorce Papers
It will involve considerable contemplation and personal decision on your part. It will most surely necessitate effective legal guidance and representation as well. You do not want to make a mistake that has a strong negative impact upon your future. We can get you through this. Contact our office by calling or by using our email form. We can help you understand your options and create a plan for moving forward.
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