Amicable Divorce

Houston Spanish-Speaking Divorce Lawyer

A divorce proceeding is, in many respects, like any other civil lawsuit in Texas. The case is initiated by one party filing a petition for divorce. The opposing party must then be given notice that the suit has been filed through the issuance and service of a Citation, to which a copy of the Petition is attached. The Citation commands that that the party respond to the suit within a specified time period. When there are no controversies between the parties relating to the manner in which the case should be resolved, such as when there is no significant property that must be divided between the parties and there are no children involved in the case, the opposing party often does not respond to the suit. In this case, the party that filed the divorce proceeding can take a default judgment against the opposing spouse. In these circumstances, it is also common to ask the opposing spouse for a Waiver of Citation.

The Texas Family Code requires that that at least 60 days pass between the filing of the petition and the granting of the divorce in a case. If the opposing spouse fails to answer the lawsuit or has filed a waiver of citation, the filing spouse can take an uncontested judgment for divorce against the opposing spouse on or after the 61^st day after the filing of the divorce petition.

In cases where the opposing party responds to the filing spouse’s suit, the vast majority of family law cases in Texas do not proceed to a contested trial, but are settled by an agreement between the parties that is then presented to the court for approval.

Texas family law is well elaborated and reflects the accumulated wisdom of the legal profession in addressing issues relating to property division, child custody, child conservatorship, child support, spousal maintenance and alimony, domestic violence, protective orders, paternity, adoptions and other family law matters.

Family law cases are generally resolved by the parties taking into account how a court would likely resolve the issues in the case if the case were to go to trial and by each party, with the assistance of counsel, assessing whether he would obtain a more favorable outcome through a trial or through an agreement with the other party. Each party generally concludes, through a process that can involve great stress, anger, anxiety and emotion, that their case will best be resolved by an agreement between them.

Settling a case by agreement often offers numerous advantages to both parties. It eliminates uncertainty as to the outcome, allows parties to exercise their own discretion to a greater extent in fashioning a resolution of their case, and minimizes their legal fees, expenses, and costs of litigation.

Free consultation with a Houston Spanish-speaking divorce lawyer: Contact Terry Hart to discuss your case. Se habla español.