Legal Terms to Know When Getting a Divorce in Texas
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Divorce can be an overwhelming and deeply emotional experience. From the complicated feelings of loss and grief to the uncertainty about the future, both sides in a divorce are under a lot of stress. Legal jargon doesn’t help with this. It can be daunting to understand all the new terms divorcing couples need to know to make the best decisions for themselves and their children. This is why Alison Grant, Attorney at Law, has taken the time to make a glossary of all the legal terms you need to know when getting a divorce. Read on to discover some of the most common terms you are likely to encounter.
Important Divorce Terms
The divorce process utilizes many legal terms that most people outside of the legal system won’t know. These particular terms come up in the divorce process itself. They include:
Agreed Divorce
An agreed divorce is when both spouses agree on all the divorce terms concerning important issues, such as child custody, visitation, and child support. Both individuals in an agreed divorce are willing to sign the divorce terms without much argument over the conditions set forth by both parties.
Community Debt
Community debt is debt acquired by either spouse during the marriage.
Community Property
The State of Texas is known as a “community property” state. This means that both property, such as a house, or money obtained during the marriage legally belong to both individuals. This concept is important, as the community property will need to be divided up fairly between the spouses.
Court Coordinator
The individual who works for the judge and schedules hearings during a case.
Decree
This is the legal document the judge signs that grants the divorce and contains all the terms and provisions of the divorce settled on during the divorce proceedings. This term can also be known as the final decree of divorce.
Default Divorce
A default divorce is when one party fails to respond to the divorce petition. At the start of every divorce, one spouse, known as the petitioning spouse, files the initial divorce papers. Once the petitioning spouse has filed the papers, a sheriff, constable, or private process server will attempt to serve the respondent spouse with the papers. Service of these papers provides plenty of notice of the divorce to the respondent spouse. However, in some cases, the spouses approaching divorce are not always on the best speaking terms. If this is the case, the respondent spouse may not know that the petitioner filed for a divorce until they receive the papers.
Once the papers have been served to the respondent spouse, the respondent has until the next Monday at 10 a.m. following the expiration of twenty days to file an answer to the court. If they do not do this, the filing spouse may be able to obtain a default divorce. However, the petitioning spouse still needs to wait 60 days from the time they filed the original petition for divorce before they can seek an uncontested divorce from the court.
Dissolution of Marriage
Dissolution of marriage is the legal process that terminates a marriage. It is similar to a no-fault divorce—meaning that when a couple files for a dissolution, neither of them is required to show evidence of wrongdoing in the marriage.
Docket/Cause Number
This is the number that will be given to your specific divorce case by the district clerk’s office.
Fault Divorce
In some cases, a spouse may be filing for a divorce due to certain actions or behaviors that were taken against them during the marriage. This is called fault divorce and it indicates that the respondent spouse’s wrongdoing led to the breakdown of the marriage relationship. The State of Texas recognizes the following as accepted fault-based grounds for divorce:
- Cruelty
- Adultery
- Conviction of a felony
- Abandonment
- Living apart
- Confinement in a mental hospital/institution
It is important to note that fault may or may not be taken into consideration during the divorce proceedings. For example, if it can be proven that one spouse was cruel to the other during the marriage, the accused spouse may not be granted as much visitation time with the children that resulted from that marriage. It all depends on the circumstances surrounding the fault.
No-Fault
The state of Texas is a no-fault state. This means that when one spouse wants to file for a divorce, they can do so on the grounds of insupportability. All they have to do is prove the marital relationship has broken down and there is very little chance that the two spouses will be able to work it out.
Petitioner/Petitioning Spouse
The petitioner or petitioning spouse is the one who starts the divorce process by filing the petition for divorce with the court.
Pro Se
This term is used by the court to refer to someone who has not hired a divorce attorney and is representing themselves. This is not a wise decision. Having a knowledgeable divorce attorney on your side will ensure that you understand what is happening during your divorce and that you reach the best possible outcome.
Respondent/Respondent Spouse
The respondent is the spouse who did not file the suit for a divorce but instead has to file an answer to the petition. They can file an answer, submit a counter-petition, or do nothing when served with the divorce papers.
Separate Property
This term refers to any property that is owned or claimed by a spouse before they were married. This property could also be acquired by a spouse during the marriage as a gift, deed, or descent, or the recovery for personal injuries sustained by that spouse during the marriage. (The only compensation that will not be considered separate property is any recovery that came from the loss of earning capacity during the marriage.)
Service or Service of Process of Divorce
Service is the formal act of notifying the respondent spouse that a divorce has been filed against them.
Uncontested Divorce
An uncontested divorce can either be a default divorce or an agreed divorce. In an uncontested divorce, both parties agree on what they want to happen. These divorces are often much simpler and faster than contested divorces.
Legal Terms Concerning Child Custody and Spousal Support
Access
This legal term refers to the parenting time or visitation rights that the other parent will receive.
Child Custody
Child custody is a legal term that means a court’s determination of which parent, relative, or other adult should have physical or legal control/responsibility over a child. A child is defined as any minor under the age of 18.
Conservatorship
The state of Texas calls custody a “conservatorship.” This means that the individual awarded the conservatorship has the legal rights and responsibilities of a parent. A judge may give conservatorship to either one or both parents.
Conservatorship can be broken down into three separate categories:
- Sole managing conservatorship: Only one parent is given conservatorship of the child.
- Joint managing conservatorship: Both parents are given custody of the child.
- Possessory conservatorship: Has the same rights and responsibilities as any other parent but they do not get to decide the primary (main) home of the child. The judge limits these rights at their discretion depending on the best interest of the child.
Conservatorship gives the sole parent or joint parents the right to:
- Get information from the other parent or another conservator of the child about the health, education, and welfare of the child.
- Speak with the other parent, if possible, before making a decision concerning the health, education, and welfare of the child.
- Have access to medical records, dental records, psychological records, and education records of the child.
- Speak with a physician, dentist, or psychologist about the child.
- Talk to school officials concerning the child’s welfare and educational status. This includes school activities, such as sports or music programs.
- Attend school functions or activities, such as school lunches, performances, and field trips.
- Talk to school officials about the well-being of their child.
- Be listed on the child’s record as a person who can be notified in case of an emergency.
- Consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.
- Manage the estate of the child.
Custodial Parent
A custodial parent is the parent who has the legal right to determine the primary residence of the child. This individual can also be known as the managing conservator, primary conservator, or the primary joint managing conservator.
Maintenance
Maintenance refers to the regular payments that one spouse must make to the other. A Texas judge may award spousal maintenance in cases where one spouse will not have enough assets or property to provide for their basic needs after a divorce. They may also have to meet other legal criteria, such as being disabled or unable to work due to a certain condition or injury.
Non-Custodial Parent
This is the parent who does not have the legal right to determine the primary residence of the child. This parent is also known as the possessory conservator.
Obligee
This legal term refers to the parent who receives the child support on behalf of the child.
Obligor
This legal term refers to the parent who is ordered to pay child support.
Possession
Possession is a legal term that refers to which parent the child will live with primarily.
Possession Order
The possession order is a part of the final divorce decree that outlines the specific visitation dates and times the non-custodial parent will have with their child.
Wage Withholding Order
This is a court order to deduct the child support payment from the obligor’s employment wages.
Who Do I Turn To If I Want a Divorce?
Knowing these terms will help you understand divorce legal jargon, but your best chance of ensuring a smooth divorce process is to hire a divorce attorney. In Lewisville, Texas, and the surrounding areas, Alison Grant, Attorney at Law, is the trusted name when it comes to divorce and child custody disputes. With years of experience under her belt, she has helped countless families find the resolution they need to start the next chapter of their lives. She fights hard to ensure that your voice is heard during the proceedings and that you are not getting bullied into accepting terms or conditions that you are not comfortable with. Don’t try to navigate the complex legal system on your own, instead partner with an attorney who keeps your best interests at heart. Contact Alison Grant, Attorney at Law to schedule a consultation to go over the facts of your case.
