If you’re considering getting divorced in Texas, you’re likely feeling overwhelmed by the process ahead. At Hannah Law, PC, we understand this is a challenging time, and we’re here to guide you through the process of filing for divorce in Texas.
Our Texas divorce lawyers help clients in Friendswood, Houston, and surrounding areas. Call us today.
Requirements for Divorce in Texas
Before diving into the specifics, it’s important to understand some fundamental requirements for filing for divorce in Texas. First, either you or your spouse must have been a resident of Texas for at least six months before filing. Additionally, one of you must have lived in the county where you’re filing for at least 90 days. These residency requirements ensure that Texas has jurisdiction over your divorce case.
Texas also has a mandatory 60-day waiting period for divorces, often referred to as a “cooling off” period. This means that even if you and your spouse agree on everything, your divorce cannot be finalized until at least 61 days after the initial filing.
Process of Filing for Divorce in Texas
Let’s break down the steps of the Texas divorce process.
Step 1: Deciding on Grounds for Divorce
You must select one of the grounds for divorce in Texas. You can file for divorce based on fault or no-fault grounds. Most couples opt for a no-fault divorce, citing “insupportability” as the reason. This means that the marriage has become insupportable due to discord or conflict, with no reasonable expectation of reconciliation.
While fault-based grounds like adultery or cruelty are available, they’re less common and typically require more evidence. At Hannah Law, PC, we can help you determine which grounds are most appropriate for your situation.
Step 2: Preparing and Filing the Petition
The next step is to file an “Original Petition for Divorce” with the appropriate court. This document officially starts the divorce process. As the person filing, you’ll be known as the “Petitioner,” while your spouse will be the “Respondent”.
The petition includes basic information about you, your spouse, and your marriage. It also outlines what you’re asking the court to do, such as divide property or make decisions about child custody. Our experienced attorneys at Hannah Law, PC can help you draft this petition to ensure it accurately reflects your needs and desires.
Remember, filing the petition also involves paying a court fee. These fees can vary by county, so it’s important to check with your local district clerk’s office for the exact amount.
Step 3: Serving Your Spouse
After filing the petition, your spouse needs to be officially notified of the divorce proceedings. This is called “service of process.” There are several ways to accomplish this:
- Waiver of Service: If your divorce is amicable, your spouse can sign a waiver of service. This doesn’t mean they agree to the terms of the divorce, just that they’ve been notified.
- Personal Service: A process server or sheriff’s deputy can hand-deliver the divorce papers to your spouse.
- Alternative Service: If your spouse is difficult to locate, the court may allow alternative methods of service, such as posting a notice or publishing in a newspaper.
At Hannah Law, PC, we can guide you through this process and help determine the best method of service for your situation.
Step 4: Your Spouse’s Response
Once you’ve officially served your spouse with the divorce papers, they usually have 20 days to respond to the court. This response, called an “Answer,” lets the court know that your spouse wants to be involved in the divorce process.
Along with their response, your spouse can also file a counter-petition. In this counter-petition, your spouse can offer grounds for wanting a divorce and make requests about child custody and other matters.
If your spouse doesn’t respond within the given time, the divorce can move forward without them. In that case, they won’t have a say in decisions about the divorce or related issues like custody or dividing property.
Step 5: Waiting Period
Remember that 60-day waiting period we mentioned earlier? This is where it comes into play. During this time, you and your spouse can work on negotiating the terms of your divorce. This might include property division, child custody arrangements, and spousal support.
If your divorce is uncontested (meaning you and your spouse agree on all terms), you might be able to finalize your divorce shortly after the 60-day period ends. However, even uncontested divorces typically take about three to four months to finalize due to court schedules.
During the waiting period, you might need to address immediate concerns like who will live in the family home or how bills will be paid. In these cases, we can help you request temporary orders from the court. These orders remain in effect until the final divorce decree is issued.
Step 6: Discovery and Negotiations
If your divorce is contested, the next phase involves discovery. This is the formal process of gathering information about your spouse’s income, assets, and debts. It can involve written questions (interrogatories), requests for documents, and sometimes depositions.
Based on the information gathered during discovery, we can help you negotiate with your spouse and their attorney. The goal is to reach a settlement agreement on all aspects of your divorce without going to trial.
Step 7: Mediation
If negotiations stall, Texas courts often require couples to attempt mediation before going to trial. In divorce mediation, a neutral third party helps facilitate discussions between you and your spouse to reach an agreement. At Hannah Law, PC, we’ll be by your side during mediation, advising you and protecting your interests.
Step 8: Trial (If Necessary)
If mediation doesn’t result in a full agreement, the unresolved issues will go to trial. During the trial, both sides present evidence and arguments to the judge, who then makes decisions on the disputed matters. While going to trial can be stressful and time-consuming, sometimes it’s necessary to protect your rights and interests.
Step 9: Final Decree of Divorce
Whether through negotiation, mediation, or trial, the final step is the entry of the Final Decree of Divorce. This document outlines all the terms of your divorce, including property division, child custody, and support arrangements. Once the judge signs this decree, your divorce is officially final.
How Long Does a Texas Divorce Take?
So, how long does all of this take? The timeline can vary significantly depending on the complexity of your case and how well you and your spouse can cooperate.
An uncontested divorce can often be finalized in about 3-4 months from the date of filing. This includes the mandatory 60-day waiting period plus some additional time for court processing.
Contested divorces, on the other hand, can take anywhere from several months to over a year. If your case goes to trial, it could potentially take even longer.
Issues in Texas Divorces
Disagreements during the divorce process often center around child custody, property division, and alimony. Our Texas divorce attorneys will advocate for you in negotiations and in court if necessary.
Property Division
Texas is a community property state, which means that most property acquired during the marriage is considered to belong equally to both spouses. Property division can be complicated, especially in high-net-worth divorces.
Child Custody and Support
In Texas, child custody is referred to as “conservatorship.” The state prefers that parents share decision-making responsibilities when possible. Child support is typically calculated based on a percentage of the non-custodial parent’s income.
Spousal Maintenance
Texas has specific rules about when spousal maintenance (alimony) can be awarded. It’s not automatic and is typically only awarded in marriages lasting 10 years or more, or in cases involving family violence or disability.
How Hannah Law, PC Can Help
Navigating a divorce in Texas can be complex, but you don’t have to do it alone. At Hannah Law, PC, we’re committed to guiding you through every step of the process. Our experienced family law attorneys can:
- Help you understand your rights and options
- Prepare and file all necessary documents
- Negotiate on your behalf with your spouse and their attorney
- Represent you in court if your case goes to trial
- Provide emotional support and objective advice during this challenging time
Remember, every divorce is unique. While this guide provides a general overview of the process, your specific journey may look different. That’s why it’s crucial to have experienced legal representation on your side.
If you’re considering divorce or have already decided to file, contact us today. We’re here to answer your questions, address your concerns, and help you navigate the divorce process.
