How to Get a Divorce in Texas
If you’re thinking about getting a divorce or are planning to soon, you’ve come to the right place. Many people aren’t familiar with the divorce process until it begins, so doing your research and understanding what to expect is a smart move. Below, we discuss what you need to know about filing for divorce in the state of Texas.
For starters, the state of Texas has some requirements before filing for divorce.
Texas divorce requirements
At least one party must have been a state resident for 6 months before filing for divorce. Additionally, one of you must have also lived in the county you’ll file for divorce in for no less than 90 days.
It is important to note that how you file for divorce is dependent on whether you have a lawyer. This detail is why the next question you need to ask yourself is: do I need a lawyer?
Do you need a lawyer to file for divorce?
While it is not required to have an attorney to file for divorce, most individuals involved in divorce proceedings prefer having a lawyer represent them since the process can be intimidating and confusing. Divorce is a serious legal process. It deals with the most valuable and important aspects of one’s life, i.e., financial accounts, real estate, and children (if any). You need to ensure that your future and your rights are protected. A lawyer can help.
Texas’s Office of Court Administration recommends that parties going through a divorce consult with a family law attorney.
Legal counsel is essential, especially if you have a child with special needs or need alimony to support yourself following the divorce. Additionally, if either party has a lot of debt, owns valuable community property, or if one spouse is being represented by a lawyer, you should seek legal help. A lawyer is also recommended if the two of you do not agree on divorce issues.
If you choose to file for divorce without a lawyer, first evaluate whether your case will be uncontested or contested.
What is the difference between an uncontested and contested divorce?
In a contested divorce, parties may disagree on some things. In contrast, in an uncontested divorce, both parties agree on everything, from their parenting plan to how community property should be divided.
An uncontested divorce is not as stressful or costly as a contested divorce.
Texas also allows both no-fault and fault-based divorce cases. The latter cases are rare as they require the person that filed for divorce to prove that the other party committed wrongdoing that caused the divorce. On the other hand, no-fault divorce cases enable both parties to proceed without assigning blame.
Texas couples can file for divorce on various grounds. These include confinement to a mental institution for 3 or more years, abandonment for a year or more, felony conviction, adultery, or cruel treatment.
Required Texas divorce forms
The Texas Supreme Court has a uniform list of domestic relations forms for divorce.
The forms include an original petition for divorce, a waiver or citation, a notice of service of process, and a decree of divorce.
Before filling these forms, contact the clerk in the county you plan to file for divorce to determine which forms you’ll need. Some counties utilize different forms.
Filing your forms
Once you’ve filled out the forms required, make sure you file them with the appropriate county.
Filing your petition for divorce is what formally begins the process of divorce.
You may also request a temporary restraining order to hinder both parties from moving, selling, or diminishing property. The order also instructs both parties to treat each other with civility.
What happens after filing for divorce?
Once you’ve filed the forms, Texas law stipulates that you must notify the other party that you’ve filed for divorce.
This involves serving copies of the original petition for divorce to your spouse. The state of Texas allows this to be done in person or through a waiver of service.
With in-person service, you can pay a clerk, process server, constable, or sheriff to serve your spouse.
You can also utilize a waiver of service. This occurs when the other party agrees not to contest the divorce and signs a waiver to acknowledge that they know about the divorce proceedings. This must be done in front of a notary.
However, if the other party will actively participate in the proceedings, they must file an Answer. If your spouse does not respond within 60 days after the petition has been filed, you may request a default judgment. This means the court can award the divorce without your spouse being involved. However, it should be noted that cases involving domestic violence are exempted from the 60-day waiting period.
Now that you know the basics of filing for a divorce and realize how complex the process can be, talk to our family law experts at Zarka. We can help you make an informed decision on how to proceed with your divorce.
