FILING FOR DIVORCE
Tips for Filing for Divorce in Texas
You have thought hard and long about the future of your marriage and have decided that the best course of action is a divorce. Likewise, you may be looking for information if you choose to pursue a divorce in the future. Each year, approximately 75,000 people file for divorce in Texas. Unfortunately, 50% of couples split ways once they find out that their marriage is falling apart.
If you are interested in filing for divorce in Texas, you need to research the process to have a clear understanding of what to expect and how to prepare. Below, we look at how to file for a divorce in Texas, whether a divorce lawyer is necessary and how you can find one, as well as the cost of filing for divorce in Texas.
Remember, if you choose to have a divorce in Texas, the whole process massively depends on whether you have a lawyer or not. So let's focus on that first.
If you are interested in filing for divorce in Texas, you need to research the process to have a clear understanding of what to expect and how to prepare. Below, we look at how to file for a divorce in Texas, whether a divorce lawyer is necessary and how you can find one, as well as the cost of filing for divorce in Texas.
Remember, if you choose to have a divorce in Texas, the whole process massively depends on whether you have a lawyer or not. So let's focus on that first.
Should I have a lawyer to file for divorce in Texas?
Most people who find themselves amid a divorce choose to have a lawyer represent them since it is a legal matter. It can be pretty confusing and intimidating for anyone who is not a lawyer. What's more, a divorce is a massive decision that affects the most important and valuable aspects of your life, such as kids, real estate, and financial accounts. The last thing you can afford to do is not safeguarding your rights and your future.
A divorce lawyer ensures you get a fair outcome. In Texas, the court administration advises anyone going through a divorce to consult with a Family Law Attorney. Still, it is more important to do so if the following scenarios apply to your case:
A divorce lawyer ensures you get a fair outcome. In Texas, the court administration advises anyone going through a divorce to consult with a Family Law Attorney. Still, it is more important to do so if the following scenarios apply to your case:
- When you and your spouse find it tough to agree on divorce issues such as child custody, child support, division of community property, or spousal support
- When you have experienced domestic violence or a threat of domestic violence in your case
- If the other spouse is getting represented by a lawyer
- If one of you has a valuable property such as a house, retirement account, business, or some other assets
- When there is a lot of debt in the relationship from either party
- When you need alimony to support yourself once the divorce goes through
- In a situation where you have a child with special needs
- If either you or your spouse files for bankruptcy or intends to
- When you and your spouse find it tough to agree on divorce issues such as child custody, child support, division of community property, or spousal support
- When you have experienced domestic violence or a threat of domestic violence in your case
- If the other spouse is getting represented by a lawyer
- If one of you has a valuable property such as a house, retirement account, business, or some other assets
- When there is a lot of debt in the relationship from either party
- When you need alimony to support yourself once the divorce goes through
- In a situation where you have a child with special needs
- If either you or your spouse files for bankruptcy or intends to
A divorce lawyer will work in your best interest with the above, but it is not a must to have one. So if you are thinking of pursuing a divorce process in Texas, you can follow it on your own, especially if you are in an uncontested divorce.
If you wish to file for a divorce in Texas, you can do so in the following ways:
File a mutually agreeable divorce petition
Once you and your spouse have decided to part ways, you can file for a divorce petition at the court upon consulting with your lawyer. It represents the original divorce petition. You can file for this by making an application then paying up the required fees. It represents the first step for filing for divorce in Texas and starts the process. Your divorce attorney should guide you through all the steps in detail and assist with the legal proceedings.
Once you have filed for the divorce, you are required to notify the respondent using a legal notice since it is the only acceptable requirement by law. After you have gone through the necessary steps, the court calls for a hearing to determine how the case will be. The hearing decides the validity of the divorce grounds while also settling issues such as child custody, property distribution and alimony.
Based on how the divorce process is, once everything has been decided, the divorce decree should be signed by a judge. The procedure takes time, depending on an individual case. There is usually a waiting period that varies from one state to another. If you decide to file a mutually agreeable divorce petition, be ready to fill the forms, and serve a notice.
Once you have filed for the divorce, you are required to notify the respondent using a legal notice since it is the only acceptable requirement by law. After you have gone through the necessary steps, the court calls for a hearing to determine how the case will be. The hearing decides the validity of the divorce grounds while also settling issues such as child custody, property distribution and alimony.
Based on how the divorce process is, once everything has been decided, the divorce decree should be signed by a judge. The procedure takes time, depending on an individual case. There is usually a waiting period that varies from one state to another. If you decide to file a mutually agreeable divorce petition, be ready to fill the forms, and serve a notice.
Filing a divorce petition against a non-amicable spouse
In such situations, you may find that your spouse is not accessible. In such cases, the procedure is not any different from the previous one but only has a few changes. Ensure you do everything with the help of a lawyer who should protect all your interests sufficiently.
Online divorce
With technology, it is now possible to carry out a divorce using online services. Even when the steps look complicated, it will save you time and hassle. There are online divorce services you can take advantage of to take care of all your divorce paperwork preparations within the shortest time possible. You might even complete the whole process without having to leave your house.
If you are wondering how you can qualify for a convenient and easy online divorce, you are required to meet the residency requirements for the state you live in, and your divorce case must be uncontested. You will also be required to stay in Texas for at least six months before applying for the divorce. Ensure you are working with the right law firm every time you file for divorce especially using online services to get the best outcome.
Ensure you consider things like mutual settlement and getting a quality online divorce company before proceeding with any action.
If you are wondering how you can qualify for a convenient and easy online divorce, you are required to meet the residency requirements for the state you live in, and your divorce case must be uncontested. You will also be required to stay in Texas for at least six months before applying for the divorce. Ensure you are working with the right law firm every time you file for divorce especially using online services to get the best outcome.
Ensure you consider things like mutual settlement and getting a quality online divorce company before proceeding with any action.
Filing for divorce based on the law
Texas law allows you to file for divorce if you experience the following:
“I really feel like National Adoption Day is one of those rare occasions when we, as lawyers, can go down to the family law courthouse and provide the most wonderful service to these families. Bringing adoptive parents and foster children together and into permanent homes is among the most rewarding things I get to do. All of the members of my firm participate in this special event, which means we actually shut down the office for the morning on National Adoption Day.”
–Attorney Leslie Barrows
For more information about getting a divorce in Texas, contact Attorney Leslie Barrows through our contact form or by calling 817-481-1583.
Helpful Links:
Online Texas Parenting Class Brochure
www.TexasParentClass.com
www.TexasParentClass.com
