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Uncontested Divorce
Contested Divorce
Child Custody
Child Support
Post Decree
Modifications
Family Law Page |
Although few
people when they marry anticipate that their marriage will become
insupportable and end, many marriages do in fact end in divorce. A
divorce, even a simple uncontested divorce is a family law action where
it is essential that you have a family law attorney representing you.
In Texas, a spouse does not need to prove
grounds for a divorce, such as adultery, to be granted a divorce.
Texas law provides for a no-fault
divorce, which is grounded on the premise that
there is a conflict of
personalities that destroys the legitimate ends of the marriage
relationship.
Divorces come in several shapes and sizes
that have a direct impact on their complexity. Divorces can be
uncontested,
contested,
or
contested with child custody.
An uncontested divorce with no child custody issues, is typically the
least complicated of divorces.
Uncontested divorces typically involve
parties that have amicably agreed as to how their marital property will
be divided. In most cases, an Agreement Incident to Divorce is
drafted and filed with the court. This agreement takes care of the
property, and the divorce can then be proved up after sixty days of the
date in which the divorce was filed. As simple as this sounds, it
is imperative that an attorney represent you in this matter to ensure
that the issue is resolved appropriately and that documents are drafted
correctly.
Contested divorces typically involve
disputes over the division of the marital property. Real property,
businesses, retirement accounts, automobiles and other possessions are
at the center of these disputes. It is important to have
representation that is knowledgeable of Texas marital property law, and
understands the procedures of tracing and inception of title. The
attorneys at Bunger & Bunger are very knowledgeable in the area of
marital property and will be diligent in protecting your interests in
the division of the marital estate.
Child Custody is the most important issue
of a divorce when there are children involved in the marriage that is
being dissolved. The issue of child custody centers around how the
possession, control and support of the child will be conducted after the
divorce is over. Residency, visitation and child support are
commonly disputed.
Often, changes to the parties' situation
occur after the divorce have been finalized. Employment changes,
residency changes, and even emotional or familial changes may impact the
parties such that
modifications to the decree must be addressed. Often
the obligor (person who is ordered to pay child support) experiences a
change to his/her income. If the obligor experiences a decrease in
his/her wages he/she may wish to petition the court for a modification
that addresses the change in the financial circumstances. On other
occasions the obligor experiences an increase in earnings and the
obligee wishes to petition the course to modify the orders so that the
support is increased. Other changes can effect the need to ask the
court for modifications. Bunger & Bunger are experienced in
assisting individuals with post divorce modifications.
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