The divorce process starts with the filing of a document entitled Original Petition for Divorce with a court in the county in which one of you resides. The party who files the divorce is called the Petitioner and the other party is the Respondent unless the parties choose to file together as Joint Petitioners.
In order to file a divorce in Texas, either party must have lived in Texas for six months and been a resident of the county in which the suit is filed for the preceding day period. If children were born to or adopted during the marriage, a Suit Affecting the Parent Child Relationship is included in the Original Petition for Divorce.
Texas law also provides for fault-based divorces, such as adultery or cruelty. If you believe there is a reason for you to pursue a fault-based divorce, you should consult with an attorney to discuss the pros and cons of this. The Court must dispose of all property issues and make orders for the conservatorship custody and support of the children of the marriage at the same time it grants the divorce.
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The Respondent may be formally served or the Petition can simply be delivered. If you have been served with a citation, then you need to immediately contact an attorney. In certain circumstances, the Petitioner may wish to give or to mail Respondent a copy of the Original Petition for Divorce. Respondent also may waive service by filing a notarized Waiver of Service after the petition is filed. It is important that divorcing parties know how their expenses will be paid and how the income will be used during the pendency of the divorce, just as it is important that they know when the children will be with each parent.
Sometimes this is done completely informally just by the parents talking. In some situations, the parties may decide that they need Temporary Orders. Temporary Orders are a more formal, and enforceable, way to address the issues that may arise between the date the parties separate and the date the divorce is final.
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The goal is to outline the rules the parties will live by during the divorce so that the case may be resolved as amicably as possible. Depending on the settlement process chosen, the parties may submit Agreed Temporary Orders or the Court can enter Temporary Orders after a hearing. The orders are effective until the divorce is finalized. The goal is to maintain the status quo. Some examples of prohibited behavior are:.
Each party to a divorce has the right to obtain complete information about the assets and liabilities of the other party and the marriage.
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Discovery is the process of gathering information. The parties need sufficient information about the marital estate, both assets and liabilities, before they can agree on its division.
Discovery can be cooperative, simple and cost effective; or it can be adversarial, time consuming and expensive. If the parties can agree to voluntarily provide the requested information to each other, many hours and many dollars can be saved. If a party does not voluntarily produce that information, then the information can be obtained through formal discovery methods which include: depositions requiring oral testimony in front of a court reporter ; written interrogatories questions requiring sworn, written answers ; written request for production of documents; written request for admissions asking the other party to admit or deny certain relevant statements ; and, a written Request for Disclosure seeking general information about the case.
Depending on the settlement process chosen, the parties are now ready to negotiate and attempt to reach an agreement on all issues, or to have a trial on all remaining issues and ask the Court to decide. Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
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As County Clerk, it is my mission to provide competent and quality service to all citizens, as well as visitors, by providing a well-trained, informed and competent staff who have access to and use of current and accurate technology. Further, my goal is and has always been to provide this service and technology at a minimum cost to the taxpayers of Parker County while preserving its' vast and rich history.
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The County Clerk's immediate general administrative duties include securing a bond, taking an oath of office, deputizing staff and securing errors and omissions insurance herself and all her appointed deputies. Deputy County Clerks act on behalf of the County Clerk by signing documents, filing all new pleadings, documents and issuing citations and warrants in both the Courts and Records and Deeds Divisions, using the seal of Parker County to authenticate actions of the County Clerk, certify and issue documents, administer oaths, as well as other numerous actions.
A specific and vast knowledge of all the foregoing statutes is required to conduct business in every division of the County Clerk's office.
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