The party that files the divorce first pays the filing fee. The amount of the filing fee depends on whether you have children. The cost is about $350. If both parties agree on all of the issues of the divorce it is known as an uncontested divorce. You can keep the costs relatively low. The other party is called the Respondent. If a divorce is not agree to then it is called a contested divorce. In this case the Petitioner files the Original Petition for Divorce and has to get the other party served with the legal papers by a private process server or the Constable’s office. The total cost of the filing and service fees is about five hundred dollars. In a contested divorce, the Respondent files and an Original Answer and a Counter Petition. The cost for filing this document is about $108.
In Harris County and adjoining counties require all divorce documents be filed using their e-filing system. The documents must be filed with the District Clerk’s office. Filing firsts gives you an advantage by allowing your attorney to prepare a strategy before the case is filed. It also gives you a stronger position by being able to speak first at a Temporary Order hearing, Trial or mediation. This gives the Petitioner a better position psychologically. The person that speaks first has an advantage. It is the Petitioner’s duty to draft the Final Order of Divorce and all of the required supporting documents to finalize a divorce
Does Initiating A Divorce Affect Alimony And Separation Of Assets?
Initiating a divorce does not affect the eligibility for Alimony. Spousal Support is the awarded in divorce cases, if you qualify. Spousal support is granted sparingly in the State of Texas. Only under certain conditions can one get it. Spousal support is not guaranteed. You have a fight for it. . A party is eligible for spousal support after 10 years of marriage. From 10 to 20 years of marriage, you may be able to get five years of spousal support. With 20 to 30 years of marriage, you may be able to get seven years of spousal support. After 30 or more years of marriage, the limit is 10 years of spousal support. The courts generally hold that they want a spouse to be able to meet their minimum financial needs. It’s not about the lifestyle of what they’ve grown accustomed to; it’s about their minimum needs. It’s important for people to get an education and have work skills as Texas is not a big grantor of spousal support. If you are mentally and physically able to work you may not be entitled to spousal support. Significant domestic family violence is also a factor to qualify for spousal support.
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