With the introduction of the new Family Law Act 2017 and new procedures to be followed by both the petitioner and respondent to file a divorce, both parties must take the necessary steps to ensure their cases are handled accordingly. Family law has two major types of divorce: legal separation and divorce. Legal separation means the spouses live together, but their marriage is no longer valid. As a family law attorney, many clients face separation or divorce. When people decide to separate, they don’t consider the legal ramifications until it’s too late.
That’s why it’s important to learn about the divorce process before you file for divorce. You must ensure you’re on the right path before you put yourself and your family through a long and difficult legal battle. When it comes to family law, information is abundant out there about what to do. There are books, articles, videos, webinars, and so many websites that it can be hard to know what is accurate, reliable, and useful. You can easily get stuck in a swamp of conflicting advice. The truth is, however, that you don’t need to spend time researching family law.
What is Family Law
Family law is the practice of law that deals with family matters. It includes laws and procedures relating to divorce and separation, child custody and support, and child visitation.
While it is often considered a part of family law, it is a separate discipline with a unique focus. It also has a set of legal rules and principles that apply to all family law cases. Divorce lawyers must be familiar with family law. They must understand the intricacies of child custody and visitation and how these factors impact divorce.
What are the benefits of getting a divorce?
There is a financial benefit. The average cost of a divorce is about $16,000. While this may seem daunting, most people can afford it. The main advantages of divorce are a fresh start and peace of mind. You can start a new life, eliminate toxic relationships, and move on. If you’ve been married for a long time, you may have spent your life savings on wedding expenses, kids’ college tuition, and more.
When you get divorced, you can use the money you would have spent on all those things to start a new life. You may also have children; this is the best time to start a new life and raise a child independently. If you have children, create can also split up your assets. You may have accumulated assets if you’re lucky enough to have been married for a long time. Divorce is one of the few ways to get a good chunk of these assets.
Who is eligible to file for a divorce in Texas
Legal separation is a precursor to divorce. It’s possible to have a legal separation without having to file for divorce, but it’s usually recommended that you do so as soon as possible.
You can file for a divorce within 30 days of the date your divorce petition is filed. If you’re filing for legal separation, it must be done within six months of filing your divorce petition. You and your spouse must have lived separately and apart for one year to be eligible for a divorce.
How do you file for a divorce?
This question has two answers:
1. Legal separation
Legal separation occurs when spouses live separately, but their marriage is still valid. Legal separation usually occurs after a spouse decides to divorce. One or both parties might choose legal separation over divorce for many reasons.
2. Divorce
Divorce is when spouses officially end their marriage.
To file for divorce, you must complete a divorce petition, which a lawyer fills out. The petition requests information about your spouse, property, and any children you have.
The court will either grant or deny your divorce request, depending on the facts of your case.
What you need to do to file for divorce or separation
Legal separation means the spouses live together, but their marriage is no longer valid. As a family law attorney, many clients face separation or divorce.
When people decide to separate, they don’t consider the legal ramifications until it’s too late. I have seen many cases where people have separated and then filed for divorce because they wanted to avoid a trial. This happens so frequently that most family lawyers have a motto, “If you are planning to separate, then don’t wait.”
What are the reasons for separating?
Here are some of the reasons why people choose to separate:
- Financial difficulties
- Issues with child custody and visitation
- A bad relationship
- Lack of love and commitment
- A spouse’s mental health issues
- An affair
- Incompatibility
Once a person decides to separate, they should consult a family lawyer immediately. It is better to separate before the legal process starts because this could cause more problems than it solves.
Frequently Asked Questions
Q: What happens when a couple gets married?
A: They have an agreement, called a prenuptial agreement, which will be filed with the court at the time of their divorce. These agreements are valid in all states.
Q: What happens if there isn’t a prenup?
A: If there is no prenup, the couple is not bound by any agreement. Both spouses can go to court to file for divorce or separation at any time.
Q: What happens after a divorce is final?
A: After a divorce is finalized, the ex-spouses may not agree on what to do with the marital property, such as the house and other things. To resolve this, either party can file for contempt, which means they’re trying to get the other person to do something they’re not doing. This can be a difficult situation.
Top Myths About
- It would help if you had a lawyer.
- You should file for divorce right away.
- You can expect to be done if your spouse is served with papers.
Conclusion
The good news is that divorce is not the only option for a family law resolution. Families can consider many other options if they’re unhappy with their current situation. There are some important things about divorce or separation to file successfully. These include legal separation versus divorce, prenuptial agreements, and how to file for legal separation. I aim to give you the knowledge necessary to navigate these waters successfully.
