The Law Office of
Laura Richardson-Harris 2591 Dallas Parkway Suite 300 Frisco, Texas 75034 Telephone: (214) 551-9431 Fax: (972) 668-2867 laura@lrharrislawfirm.com |
In Texas, your case must be on file with the court a minimum of 60 days before it can be finalized. If your spouse does not contest the case, then you can finish the divorce on the 61st day. If there are matters that you and your spouse cannot agree on, then the divorce might take much longer to complete. Generally, you can file for a divorce in Texas after you have lived the state for at least 6 months and resided in the county where you want to file for at least 3 months. If your case involves an emergency situation, there are legal measures you can take to protect yourself and your children prior to that time. The method of searching for all of the assets that were acquired and debts incurred during your marriage is called the discovery process. Once your spouse receives your formal request to disclose information about assets and debts, they must disclose all information known to them. In any divorce where there are children involved, their interests will be the most important issue before the court. Every situation is different and any measures the court takes to protect children are driven by the facts of your case. For example, the parent in question might be required to attend substance abuse treatment and/or counseling to address his or her problem. In circumstances where a child’s physical safety is at issue, there may be measures in place where a parent can visit with the children only if it is supervised by a person or entity appointed by the court. The court will try to balance the child’s safety and contact with the non-custodial parent as long as the court finds that it is in the child’s best interest. Mediation is a process where the parties try to settle all of the issues concerning their divorce outside of the courtroom. It is usually conducted by an attorney who is certified as a mediator, who will try to negotiate an agreement between the parties. Mediation is generally less emotionally draining and more cost effective than a final trial. Therefore, most courts in the Dallas metroplex require parties to attend a mediation session before their case can be finalized. It depends. If both biological parents are deceased, then you can apply to adopt the child. If not, then you will have to have the parent’s rights terminated either by agreement or by showing that they have acted in a way that was detrimental to the child’s welfare. Once both of the parents’ rights are terminated, then you can apply for adoption. The adoption process will include a home study to ensure that you have a safe and adequate home environment for the child. An attorney will also be appointed for the child to represent the child’s interests in the case. Since adoption is usually a two step process, you should expect it to take several months to complete.
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