So why is it that so many marriages end up in divorce? Some claim a failure of morals or a degradation of culture, and yet others blame housing remodels.
Wrestling star John Cena claims that the end of his marriage began with the remodeling of his and wife Elizabeth's home in Florida, according to TMZ.com. This downfall inspired Cena to divorce his high school sweetheart wife of three years. Once divorce papers were filed, everything went out the window as Elizabeth Cena filed an opposition claiming the divorce papers contained errors.
Now, the two have settled their divorce outside of court in a confidential settlement, reports TMZ. This settlement raises the issue of how divorces can be obtained.
A divorce is the way to legally end a marriage and all that comes with it. There are generally two ways to go about divorcing, settling or contesting the divorce in court.
Contesting a divorce means that the couple cannot agree on the terms of divorce and need to present their arguments in court and have a judge decide. To start any divorce, one spouse must file a petition for divorce in the court where the couple lives. If the couple just moved into the state, they may need to file where they had been living, unless they have been residents of Texas for 6 months.
A petition for divorce must contain the identification of the spouses and their addresses, the date and place of marriage, identification of any children, acknowledgement of residency, the grounds for divorce, and a request for settlement of property and custody.
After a petition is filed, the non-filing spouse must file an answer to the divorce. An answer basically acknowledges the existence of the petition and then states whether the non-filing spouse agrees or disagrees with the statements made in the petition. If the non-filing spouse fails to answer, then the petitioner gets everything they asked for by default.
Once all the filings are made and if disagreements exist, then the court will hear arguments and make decisions based on the facts presented to it.
However, if a couple doesn't want to go through this mess, then they can meet alone, or with the assistance of lawyers and negotiate a settlement. These settlements must contain everything involved in the divorce including the division of all property, custody decisions, and visitation rights.
Here, the Cenas could have faced much more financial loss than just the remodel costs if they had gone for all out legal war. Instead, they were able to save legal costs, court costs, and fees by settling amicably outside of court.
Related Resources:
- Want a Houston Divorce Attorney? (FindLaw)
- How To Get a Divorce in Houston's Harris County? (Houston Family Law Blog)
- Troy Aikman Divorce from Rhonda Aikman Final (Houston Family Law Blog)
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