Killeen Divorce Lawyers

How To File for A Divorce In Texas 

Filing for divorce in Texas involves several steps, and it's essential to understand the process. Keep in mind that divorce laws and procedures can change, so it's advisable to consult with an attorney or check the latest information from the Texas court system. Here are the general steps to file for divorce in Texas:

• Residency Requirements: You or your spouse must meet the residency requirements to file for divorce in Texas. Either you or your spouse must have lived in Texas for at least six months, and in the county where you intend to file for divorce for at least 90 days.
• Prepare Your Divorce Petition: You need to prepare the divorce petition or "Original Petition for Divorce." This is the legal document that formally starts the divorce process. In the petition, you will need to state the grounds for divorce, whether it's "no-fault" (insupportability) or based on fault grounds like adultery, cruelty, abandonment, or a felony conviction.
• File the Petition: Take the completed divorce petition to the county courthouse in the county where you or your spouse meet the residency requirements. File the petition with the Clerk of Court's office. You may have to pay a filing fee, but you can request a waiver of this fee if you cannot afford it.
• Notify Your Spouse: After filing the petition, you must serve a copy of the divorce papers to your spouse. This can be done through a process server, certified mail with a return receipt, or other legally accepted methods. Your spouse will have a certain period to respond to the petition.
• Response and Waiting Period: Your spouse has a limited amount of time to respond to the divorce petition, typically around 20-21 days after they are served. If your spouse does not respond within the given time, you may request a default judgment.
• Temporary Orders: If there are pressing issues like child custody, support, or spousal support that need immediate attention, you can request temporary orders from the court. These orders will be in effect until the final divorce decree.
• Discovery and Negotiation: Both you and your spouse, with the help of your attorneys if you have them, will exchange information about your assets, debts, and other relevant matters. You may negotiate and try to reach agreements on property division, child custody, and other issues. You can also consider mediation to help in the negotiation process.
• Final Hearing: If you and your spouse cannot reach an agreement, the divorce case will go to a final hearing before a judge. At this hearing, both parties will present their case, and the judge will make the final decisions regarding property division, child custody, and other matters.
• Final Decree of Divorce: Once the judge signs the final decree, your divorce is finalized. This document outlines the terms of your divorce, including property division, child custody, and any financial obligations.
• Post-Divorce Matters: After the divorce is finalized, there may still be matters to address, such as changing your name (if desired), updating financial accounts, and following through with the terms of the divorce decree.

It's important to note that divorce proceedings can be complex, especially when there are significant assets or child custody issues involved. It's advisable to consult with an attorney to ensure that your rights and interests are protected throughout the process. Additionally, Texas laws and procedures may change, so consulting with a legal professional will help you navigate any recent changes in the law.

Learn more about non-toxic divorce by calling our firm at (254) 221-8588 today.