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June 2014 Archives

Petition for Divorce

Every divorce starts with a Petition for Divorce. This is a document that your attorney will draft and file with the court. In the Petition for Divorce your attorney will outline what you want to gain in the divorce. This means how you want the court to divide the marital property and if you have children, what you want the court to order with regards to your children.A Petition for Divorce sets the stage regarding how contested or amicable you think your divorce process will be. If you think that it is likely that you and your spouse will be able to agree on many of the issues, then it is best to file a petition that is less aggressive. In other words, there is no allegation of "fault" and the Petition alleges that the parties will agree upon the division of property and all the issues regarding the children. However, if your separation from your spouse is very contentious and the two of you don't seem to agree upon anything, it is important that your Attorney file a more aggressive Petition for Divorce. In such a petition you would make requests specific to your situation. For example, you may ask for a larger portion of the community estate, you may ask that the Judge give you Sole Managing Conservatorship of the children,. You might ask for a Temporary Restraining Order and schedule a r a temporary hearing.It is important to note if you start with a less aggressive petition, there is nothing to prevent you from asking your attorney to amend the Petition to be more aggressive later. 

Where do I File for Divorce?

To file for divorce in Texas there are two requirements that are mandatory and can not be waived. 1. You have to have lived in Texas for six months before you file your petition. 2. You have to have lived in the county where you are filing the divorce for ninety days before you file your petition. In Tarrant County, Texas all divorces are filed in the Family District Courts in downtown Fort Worth. There are six Family District Courts in Tarrant County, and the court assignment for each case is randomly determined. 

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