You are eligible to file a divorce petition in the court of Texas if you are a resident of the state for at least six months before filing and a resident for a minimum of three months in Harris County. This condition is applied to both spouses. To file a divorce petition in the court fee is $320 if you have children; otherwise, the fee amounts to $293. But this fee does not include attorney fees or other costs incurred.Divorce attorneys in Houstoncould facilitate an agreed divorce as they are top-notch mediators as all parties come to amicable terms and conditions regarding child custody, visits, property allocation and spousal maintenance.
No fault and fault grounds
The filing of a divorce case in Texas could be based on “no-fault” and “fault” grounds. If it is deemed to be no fault ground, it implies the marriage has become intolerable due to severe conflict between the spouses. Reasons for fault ground could be adultery, physical or mental abuse, felony conviction, desertion or living separately for a minimum of three years. In Texas, community property law is applicable where the marital assets and debt are equally divided between spouses. Divorce lawyersin Houston play a crucial in this proceeding as multiple factors are taken into account and negotiated, like each party’s earning potential, varied needs of the explicit child and contribution to the family.
Petition to modify the parent-child relationship
When both parties cannot derive a cordial solution regarding one or all associated with the divorce filing regarding the division of assets, debts, child custody and or family violence, if involved, then the divorce is contested. If a conservator of child/children wants to alter the child custody order, he/she may file a petition to modify the parent-child relationship in the court, requesting to squash the status quo. Before filing such a petition, it is judicious to consult with an experienced lawyer as there must be substantial evidence against the custodian parent, and it is filled in the best interest of the child. If you are unclear of the aspects that entail, it is wise to consult an attorney who would brief you in detail so you may avoid unnecessary financial and emotional embarrassment.
Full custody
There could be other factors, such as one parent voluntarily giving up the child’s custody and or allowing access to another parent or individual to the child. When a child reaches above the age of twelve, then his/her choice of a specific parent to be managing conservator could be expressed in the court. When parents are divorced, typically, they share physical and legal custody of the child/children; this is an ideal agreement. But in some cases, full custody is best for the child’s interest. In this type of custody, one parent is awarded full custody, and the other parent completely relinquishes his/her parental right over the child.
Physical and legal custody
Child custody is subjugated to physical and legal one. In first one refers to where the child resides, while the second one states the right to medical, educational and other needs on their behalf. To be the full custodian of the child, the appointed lawyer must provide substantial reasons why it is the best option for the concerned child. Full custody is only awarded if the court assumes there is a clear potential danger to the child.
