Coming apart as a couple is one of the most disruptive experiences in life.
Ms. Montoya is committed to getting you safely to the other side of the process in a way that protects those things that are most important to you.
The way that couples move through the process of uncoupling is unique. Some couples are amicable and are able to work out agreements amongst themselves such that they need an attorney to create a formal marital settlement agreement and file the divorce. Usually, there are no children involved, or there is clear agreement about the custody and child support issues.
Other couples move through the process with more complexity, with each individual securing their own attorneys. This process can become adversarial in nature when both people are not in agreement with what they want. Meditation may still be possible but sometimes it may also be necessary to go to trial.
Certain counties in Texas in other states require an attempt at formal mediation when a certain amount of property value is of dispute, while other counties and states do not require this process.
We invite you to contact us today to explore what options are in your best interest. Whether your situation is less complex where both individuals are in basic agreement, or you need to go to informal or formal meditation, or to trial, Keesha Montoya Law will stand beside you to make certain your interests are protected in a way that considers the impact of the process on your overall well being and life, not just the legal issues.
Meanwhile browse this brief tutorial on divorce basics. We believe that clients who are educated well about the process are better empowered to get the results they desire and work with us in true teamship. When you finish browsing this tutorial, give us a call, text or email us for a free consultation.
What is Divorce?
Divorce is the legal ending of a marriage by a court that officially dissolves the bonds of matrimony between a couple in a particular country or state.
To start the process one spouse will typically file for divorce and then both spouses will come to an agreement (with or without the court) that divides any property or responsibilities, including the custody and care of any children.
The person filing for divorce is the Petitioner. The other spouse is known as the Respondent.
The specific requirements for residency and wait periods vary with different states but as an example in the state of Texas, to file a petition a party needs to be a resident for 6 months and live 90 days in a county of where they are filing.
Some states, such as Texas, are no fault states. Meaning the Petitioner does not have to prove any wrongdoing by the Respondent in order to get a divorce. Other states may have different requirements.
Similary, in Texas, there is a cooling off period of 61 days. So the courts cannot grant the divorce until 61 days have passed. Other states have different wait periods.
Once a court has received a petition and a decree has been signed by a judge, in Texas, each spouse technically has 30 days to appeal the decision. As such, neither spouse can get married until the decree is final, which is 30 days have elapsed from the date the judge has signed.
We have used acquiring a divorce in Texas to give you a general idea of the steps involved, but of course when the uncoupling is more complex involving shared property, custody of children etc., there can be more steps involved where complex negotiations and orders may be necessary.
Give us a call, text or email to set up a consultation so that we can explore the specific process for your unique situation. We can help you identify what is most important to you and help craft a strategy to safeguard your wellness throughout the process.