Going through a divorce can be difficult for everyone involved. With emotions running high, it can be hard to navigate the legal issues involved in a divorce.
As with each individual, each couple and their situation is unique. Everyone will have a somewhat different divorce experience, but there are some things you can generally expect.
1. Legal Grounds For Divorce
The first step in the divorce process is submitting your divorce petition to the district court. However, before you even do that you need to know what grounds for divorce you will be claiming.
A ground is a reason why your marriage should be dissolved.
In Texas, you need to claim and prove at least one ground for your divorce to be granted by the district court. According to the Texas Family Code, there are 7 legal grounds for divorce.
- Insupportability (no-fault)
- Abandonment
- Adultery
- Cruelty
- Separation
- Felony criminal conviction
- Confinement in a mental hospital
Insupportability is the only ground that is considered “no-fault.” The remaining six are “fault-based.” Whether you have a no-fault or fault divorce will have an impact on the division of assets as well as alimony.
Deciding which grounds to claim can be confusing, so it is in your best interest to consult an experienced lawyer.
2. File Divorce Petition
Now that you have decided on what grounds for divorce you will be claiming, the next step is to file the divorce petition. The person who files for divorce is technically the petitioner, making the other spouse the respondent.
This petition is what puts your divorce process into motion. There are 2 requirements you and your spouse must meet before filing for divorce.
- You must have lived in Texas for 6 months or longer before filing for divorce
- You must file in the county where you or your spouse has lived for the last 90 days or more.
Divorce cases are typically filed through the district clerk’s office. You must mail or hand-deliver the following:
- The original petition
- Two extra copies of the petition
- Petition filing fee
The petition filing fee will vary depending on what county you are in.
3. Serve Divorce Papers
Once you have filed the initial divorce papers, you will need to give your spouse legal notice. This is not as simple as calling your spouse on the phone and telling them that you are filing for divorce.
To legally notify your spouse, you must serve them in one of these ways:
- Have your spouse sign a waiver or citation
- Hire a process server
- Publication or posting
If your spouse signs a waiver of citation, this step is relatively easy. By signing the waiver, they are waiving their rights to be formally served. However, your original divorce petition must be filed before a signed waiver is valid.
If your spouse does not sign a waiver of citation, you will need to hire a court-authorized third party to serve divorce papers for you. This can be:
- A process server
- The county constable
- A sheriff
If you have tried everything and still cannot locate your spouse to serve them divorce papers, posting or publication (in the form of a newspaper or its equivalent) is your final option.
This will require a court order.
4. Counterpetition
Once given legal notice, your spouse has 20 days to file an official answer. Once their answer is filed, your spouse is entitled to attend all court hearings pertaining to your divorce.
On top of an answer, your spouse is allowed to file a counterpetition. This is very similar to the original petition you filed. Your spouse’s counterpetition will contain:
- Their grounds for divorce
- Any requests they want to make from the court
If they file a counterpetition, they must send it to you.
5. Waiting Period
In Texas, a waiting period during the divorce process is required. Exceptions to this can be made where family or domestic violence is present.
Many things can happen during the waiting period, such as you and your spouse making terms of the divorce that you both can agree on. You are likely to have an uncontested divorce if you can agree on things like:
- Marital assets
- Child custody
- Child support
An uncontested divorce is ideal as it keeps the cost of the divorce down. It also keeps it from being a long, drawn-out process. You may be able to have an online divorce if your divorce is uncontested.
An online divorce service allows you to pay a flat rate for a company to file all forms regarding your divorce.
However, many divorces are contested divorces. In a contested divorce, the court will have the final say on issues such as:
- Division of marital property
- Alimony
- Child Custody
- Child support
Technically you can represent yourself in the divorce, but it is not suggested. An experienced divorce lawyer understands how the process works, and you will have a better chance of getting what you want if you consult one.
It is likely the court will suggest that you try to resolve divorce issues through mediation. During mediation, a mediator facilitates meetings between you and your spouse where you can reach an agreement on divorce issues.
Mediation is confidential, and you and your spouse must pay a third-party mediator.
Temporary orders can be granted during the waiting period as well. Orders granted can involve:
- Child custody
- Child support
- Visitation rights
6. Finalize the Divorce
If you and your spouse can not come to an agreement, your divorce will be presented to a judge. Your divorce hearing can be set after the required waiting period ends. Your hearing may be a jury trial or may take place solely in front of a judge.
Once your divorce hearing is concluded, you will be granted a divorce decree that provides orders concerning:
- Division of property
- Division of debt
- Child custody
- Child support
- Alimony
The last step to finalize your divorce is filing your signed divorce decree with the county clerk’s office.
The divorce process can be very overwhelming. Enlisting the help of an experienced attorney will make the process less daunting and help it go as smoothly as possible.
Contact Our Texas Divorce Attorney for Advice Today
JulianJohnson, P.C. offers personal attention to people in need of family law attorneys in Flower Mound, TX and the surrounding cities.
Our firm works to help address even the most complex family cases including high net worth divorces and similar cases with complex assets.
Our team of experienced family law attorneys are available for a consult. Contact us today.
When faced with a heated situation such as the dissolution of a marriage, call a lawyer with compassion, knowledge, and experience with the legal system.
