Friday, November 23, 2012

Wichita Falls 101: What to Expect When You're Seeking a Divorce

Divorce is difficult for many reasons.  One reason in particular is that the process is so unknown.  Many people in Wichita Falls and the surrounding areas do not know what to expect when they consult with an attorney regarding a divorce.  In fact, there are several common questions that people typically have during this time.

1)  How do I get my divorce started:  If you do not have a pending case, you will file an Original Petition for Divorce and you typically must have the other party served with this document, along with any notices of hearing.  If the other party is in agreement, after the petition is filed, you can subsequently file a Waiver of Service on their behalf.  If a case is already pending, you will need to file an Answer and possibly a Counterpetition for Divorce if you want to request any additional relief from the court.

2)  What happens next:  The case is typically set for a Temporary Orders hearing so that the judge can make interim temporary orders in the case on such issues as who is going to stay in the home, who is going to pay the mortgage on the home, child support, child visitation, etc.

3)  What happens after the Temporary Orders hearing:  If your Wichita Falls Divorce Lawyer has not already done so, he will send what is known as discovery.  There are 4 main types of written discovery–Request for Disclosure, Request for Production, Interrogatories and Request for Admissions.   Your Wichita Falls Divorce Lawyer may choose to either send a couple of these or all four, it is truly determined on a case-by-case basis.  Essentially, these discovery tools allow your Wichita Falls Divorce Lawyer to do just that–discover the other side’s case and see what evidence, if any, they have to support their claims.

4)  How long do I have to wait before my case is finalized:  The waiting period for a divorce in Texas is 60 days, so you must at least wait this long before your case is finalized.  After a temporary orders hearing, you are able to gauge how things are going.  If you are unopposed to continuing the temporary orders, or just need a few changes, then it is not unlikely that your Wichita Falls Divorce Lawyer will try to work out some final orders to this effect.  If you are unhappy with the temporary orders, then you must have a final hearing to finalize your case.  Before you can have a final hearing, all divorce parties in Wichita Falls and the surrounding areas must first submit to a social study and/or mediation.

These are just a few of the main concerns that people have when going through a divorce.  Contact your local Wichita Falls Divorce Lawyer at the Law Office of Bruce Harris today to set up a consult for your divorce and discuss any further questions or concerns that you may have.

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