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Answers to the most important questions about divorce

This article summarizes the most common questions and answers about a divorce for you. It should serve as a dictionary for divorce. You will receive precise answers and you can use the links to access the relevant specialist articles should you require more information.

The editorial team recommends reading the subject of divorce well, but also consulting a lawyer for an initial interview to clarify open questions and get advice. This is a low cost that definitely pays off.

  1. What is the process of a divorce?

The divorce process begins with the submission of the application for divorce or the divorce suit. A decision is made on the application for divorce. Depending on whether it is a uncontested or a contentious divorce, the process of a divorce varies. In the case of a disputed divorce, the consequences of the divorce must be clarified in follow-up processes.

  1. How do I file for divorce?

After the 6-month separation period has expired, you can submit the application for divorce to the responsible district court as part of a mutual divorce. A disputed divorce, on the other hand, is a divorce suit.

  1. What documents do I need for a divorce?

Your lawyer can tell you which Texas divorce papers online are necessary for your individual situation. In general, you will need the following divorce documents for your divorce:

  • Marriage certificate or stud book (certified copy)
  • Power of attorney for the lawyer
  • Marriage contract or divorce agreement
  • Appropriate forms for the approval of legal aid
  1. What is a divorce petition?

If the spouses agree on the consequences of the divorce, you can jointly file an application for divorce at the responsible district court. All personal details and reasons for the divorce are recorded in writing in the divorce application.

Among other things, the address of the district court, information about the spouses and the marriage as well as information about common children are important. In the case of a disputed divorce, however, a divorce suit must be filed.

  1. What is an uncontested divorce?

If the spouses agree on the consequences of the divorce, you can proceed with the divorce as part of an amicable divorce. In the divorce consequences, you can then put the relevant agreement in writing. A mutual divorce is the fastest and cheapest option in USA.

  1. Can I speed up the breakup?

It is not recommended to forego maintenance claims in order to expedite the divorce. Since it is difficult for the courts to understand when the marital partnership was dissolved, a separation can be accelerated by actually skipping the year of separation. However, it may be advisable to use the separation phase as a detailed preparation for the divorce.

  1. What is a divorce settlement agreement?

In an agreement on the consequences of divorce, the spouses can regulate all the consequences of the divorce, such as maintenance, contact, custody and property issues. In a divorce consequences agreement, for example, the gain can be excluded. The divorce consequences agreement regulates the legal and financial situation after the marriage.

  1. How long does it take for the divorce to be final?

A decision is made on the divorce petition, against which revocation can be lodged within 14 days. If the deadline expires, then the divorce is final. However, if the two parties waive the right to appeal when the verbal announcement is made, the decision is immediately final.

  1. Who pays for the divorce?

The spouses collect the costs of a divorce, although they can also individually agree that only one of the two should pay the costs. In principle, the amounts for a divorce petition and a divorce settlement are calculated for both spouses. The parties have to bear the legal fees themselves. In the case of a contentious divorce, however, the reimbursement of costs is more complex, contact your lawyer.

  1. How does the separation of property work in the event of a divorce?

Separation of property prevails during marriage. Assets that were brought into the marriage remain in the possession of the respective spouse (see separation of property). In the event of a divorce, the marital savings and utility assets are divided (division of assets in the event of divorce). Personal items and work equipment are excluded from the division.

  1. What is the separation maintenance?

The separation maintenance is paid at the time of separation up to the divorce and is intended to

secure the livelihood of the lower-earning partner. In particular, if the wife has taken care of bringing up the children and taking care of the household, she receives separation maintenance during the separation period.

  1. Who pays the alimony after the divorce? (Spousal support)

Both during the actual marriage and after the divorce there is an entitlement to spousal maintenance under certain conditions. Maintenance claims exist for those who cannot earn a living on their own and who were disadvantaged due to raising children and housekeeping. In USA you are also entitled to maintenance if the marriage was ended through negligence.

  1. Who pays the alimony?

Both parents are dependent on their children (tension principle). To do this, you need to use income and assets. Both parents can meet their obligations through care in their own household or in the form of cash benefits. The dependent parent must pay maintenance for the child to the parent who is entrusted with primary custody. This is called alimony.

  1. How can I get sole custody?

Sole custody is rare in USA, as the legislator regards joint custody as a normal case in order to promote the relationship between the child and both parents. One reason for applying for sole custody is when the child's best interests are at risk.