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Many steps and decisions in the divorce process

Married Texas residents who are contemplating a divorce may want to determine if they qualify for an uncontested divorce. An uncontested divorce is defined to be one in which the two parties agree on all issues related to the split. Another type of uncontested divorce is when a party fails to respond to the court paperwork with which they have been served concerning the divorce. All other types of divorce are labeled as contested.

Whether contested or uncontested, every divorce in Texas must meet certain requirements. One of the first things that needs to be determined is if the state has jurisdiction over the matter. There are certain residency requirements that must be met. Another decision is where the divorce paperwork should be filed. Thirdly, there are requirements about if the woman is pregnant and if the couple has children that need to be considered in the separation.

These are just three factors applicable to the first steps in the divorce process. Filling the initial paperwork by the petitioner leads to many other steps. In a community property state like Texas, identifying assets that are separately owned by one of the parties may require substantial research and evaluation. When the couple has children, custody, visitation and support issues all need to be worked out. One of the parties may be seeking spousal support as well.

Because there are so many steps and decisions to be made in a divorce, many Texas residents seek advice from legal professionals. This input may be especially valuable when the other partner has legal representation or when the divorce is contested. In a complex divorce with community property that includes businesses, real estate or retirement accounts, it is not unusual to have a team of legal and financial advisers.

Source: TexasLawHelp.org, "The Uncontested Divorce Process in Texas ", accessed on Jan. 19, 2015

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Bruce Turner

In addition to his law degree, Bruce Turner has a master's degree in tax law and is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization.

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