Specialty tag(s): Pre-Divorce Guidance
Carlos Gracia | May 8, 2023
The journey through divorce brings a whirlwind of different emotions. It is a time of navigating the loss of a familiar life while also welcoming a new beginning. Divorce is the legal end to a marriage and a way to formalize child custody, support, property division, and debt responsibility. Deciding to end your marriage can be one of the most difficult decisions in your life, and it requires filling out and filing multiple forms that must be completed correctly. It is usually in your best interest to work with a skilled family law attorney who can arm you with all of the knowledge you need during your divorce and walk you through the documents and filing process. An experienced lawyer can help you to make the best decisions for your future.
Forms that you may need to file include:
Texas divorce paperwork is designed to provide the clerk’s office with information about your case and to ask the court to grant a divorce, divide community assets, and grant alimony. It is imperative that every document be filled out correctly as any slight moderation could be detrimental to your case. Some of the necessary forms can be found online, but others are not readily available. You may have to visit your local family court office to get all the documentation you need.
The required forms for divorce in Texas with a child involved are similar to those used in divorces without children but will include extra documentation relevant to child custody and support.
Texas is a community property state, which means that any property acquired by the couple during the duration of the marriage is owned by both parties, unless that property was acquired by gift, will, inheritance, or monies from a personal injury claim. Courts will typically include a property division form in a divorce decree to document all of these assets and how they will be divided. If you can reach an agreement on the division of real property yourselves, documenting this on a marital property division form can be helpful to the court. In either event, you will want to document how you would like the Court to divide marital property and give that information to the Court.
For an uncontested divorce in Texas, the paperwork is relatively simple, especially if there aren’t any children or complex marital assets involved. Depending on the county you live in, the paperwork may be different, so before you fill anything out, always consult with a local family law attorney about your case.
Typically, a Collaborative Divorce will start with both spouses signing a Participation Agreement. This Collaborative Divorce form establishes the rules for the process and shows that both sides are committed to reaching a resolution without going to court. In a Collaborative Divorce, both parties will likely consult a family lawyer to guide them through the process of reaching an agreement on all of the details of the divorce. Then, the attorneys for both sides can draft a final agreement and submit it to the court to be approved.
Complex Divorce documents often include many of the same forms as a normal divorce, but since these cases usually involve more complicated assets to divide, custody battles, and/or disputes over prenuptial agreements, more documentation may be required to help untangle all of these issues. When you are dealing with a property that is characterized as both separate property and community property, it requires more documentation in order to support your arguments in front of the Court. Your attorney will advise you on what additional documentation will need to be filled out, such as property division worksheets or the paperwork to hire a forensic accountant.
If you file for divorce and the other party does not respond to the pleadings, you are able to request that the Court grant a default judgment. This means that the Court will grant you a divorce without the other person having appeared in the case, as long as they received adequate notice of everything that was taking place in the proceeding.
The paperwork and filings for a default divorce will begin similar to how an uncontested divorce begins, but there will be extra measures you need to take to ensure that adequate notice was given to the other party. In a divorce with children, you may need to search out records of the other party’s specific income and other information in order to present that paperwork to the Court as well. Without the specific paperwork, the Court will likely not grant the default divorce on the first request and will require you to obtain more information prior to returning.
The necessary high-net-worth divorce documents are similar to the documents in a normal divorce, but as in a complex divorce, additional documentation may be needed to ensure that every detail is accounted for. A high-net-worth divorce may involve special financial issues like liquid assets, investments, stocks, bonds, mutual funds, and/or multiple retirement accounts.
If you are facing an imminent divorce, you don’t have to be intimidated by the paperwork required to get through the process. Call Goranson Bain Ausley today and let our experienced divorce lawyers make things as simple and painless as possible for you.
A zealous advocate for clients as they face some of the most challenging times of their lives, Carlos Gracia provides an empathetic and strategic approach to helping clients achieve an optimal outcome in their family law or divorce matter. He listens deeply to clients’ concerns, fears, and goals and works in partnership with clients to create a plan for achieving what is most important.
If you have questions about divorce and your special needs child, please get in touch with Carlos Gracia at GBA’s Austin Family Law Office.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
At Goranson Bain Ausley, we strive to deliver clarity about what comes next and confidence that you and your family’s future are more secure. Contact our team and discover how we can help you.
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