Despite the general lack of evidence, the accused may still ask for leniency in order to be spared the trouble of a trial. While a settlement agreement is an inevitable condition of any fair divorce process, leniency in court does not imply cruelty or an unwillingness to go to court.
If the allegations are true, the spouses will be forced to go to trial and face many complications in the process of divorce. It is highly recommended to resolve all possible issues amicably. If you want to file for divorce online , our service is the best solution for you. Rapid divorce in Texas is the best solution for both parties wishing to end the process without any complications.
How to Deal With Allegations of Domestic Violence?
Domestic violence is a very serious matter that requires a special approach to deal with it. The relevant legislation defines the crime of domestic violence as follows:
Whoever insults his/her partner in front of their children, and then uses physical force against him/her, is guilty of cruel treatment and is liable to pay a heavy emotional price.
Couples may claim for divorce under the conditions of Section 211 of the Texas Administrative Code:
“…any physical abuse, whether verbal or written, occurring in the marriage is admissible in court if the accused knew about the allegations and did not stop them, and the acts complained of are carried out in the course of the marriage.”
“…the spouse who initiates the divorce shall be considered guilty of cruelty, and the acts of the petitioner constituting domestic violence are punishable by imprisonment for not less than one year, and not more than five years, respectively.”
“…the spouse who publishes the allegations of abuse and of having an affair with another person, and then the actual abuse is committed by both of the spouses, and the other spouse is aware of the accusations and does not resist, and the acts done by the spouse in the course of the divorce are covered by the 5th and 6th tiers of fault and voluntary in accordance with the local laws.”
Thus, the online resolution of allegations of domestic violence will help to reach a satisfactory decision in the court, and not bring unnecessary problems or unexpected costs.
Texas Divorce Laws
Divorce laws in Texas are intended to help the couple living in a state to divorce. When speaking about the specifics of divorce laws in Texas, it is useful to note that the country has extremely strict rules for divorce. First, all those who wish to dissolve their marriage should come to a consensus about the conditions under which their case will be considered as uncontested. Moreover, those who want to file for divorce in Texas should come to an agreement about the duration of the procedure and the path of separation. Lastly, those who want to file for a divorce should come to an agreement about custody, and both parties should be ready to cooperate to reach their desired decision.
Grounds for Divorce in Texas
There are various reasons why couples may wish to file for divorce in Texas. The most significant reason for wanting to end their official relationships in Texas is the perceived lack of communication between partners. According to divorce law in Texas, communication is necessary for the case to be deemed as uncontested.
Those who argue that they do not have to do certain actions because they can get divorce papers in Texas because of this communication seem to make an agreement and then present the necessary proofs. However, this ground does not stand good in Texas courts. For one, it implies that the spouses do not have to perform certain marriages to get a divorce. They can just choose a simpler way of getting a divorce in Texas and avoid the court.
The second significant ground for an uncontested dissolution of marriage is the irreconcilable differences between partners. According to divorce law in Texas, this is a sufficient reason for an uncontested dissolution of marriage.
Divorce in Texas
Along with the petition for divorce, one of the first things a couple has to do is to decide how they will divide their shared property and determine how they will raise the children after the marriage. The second step in this process is to file the divorce papers in Texas.
The petitioner who is the initiator of the divorce is the individual who starts the proceedings by filling out the claim for divorce. The second step in such a process is submitting the joint petition to the court. After that, the petitioner needs to wait for 90 days, during which the final determination of the judge will be made.
If the spouses agree to the terms of the divorce settlement, they need to file the Acknowledgment of Service to the Respondent. This action allows the judge to acknowledge the submitted documents and to finalize the case.
A couple who has waited for 90 days will receive the certificate for their official relationship. Both parties need to come to the court and make a statement. After that, the respondent will have 30 days to respond.