How to File for Divorce in Texas

What is the Divorce Process in Texas?
December 11, 2018
Child Custody in Texas
February 13, 2019

When looking to get a divorce in Texas, you need to make sure you fully understand the process. It can be relatively simple if you both agree on the terms. This can take 60-90 days in some cases. However, in most cases, the entire process takes at least six months to complete. If you try and file for divorce in Texas on your own, it can be a successful prospect. However, it can also be a nightmare where you do not get everything you deserve in the end. It is highly recommended that you take the time to hire an experienced Texas divorce attorney to represent you in court. Your rights are on the line, so make sure you have someone who will fight for them.

What Into Filing for Divorce in the State of Texas?

If the time has come for you to file for divorce and you live in Texas, it is important you know where to begin. The first step is making sure you understand which court district would cover your proceedings. You will need to have lived in Texas for a minimum of 6 months to have residency established. Plus, you will also need to have lived in the specific county you want to file in, for a minimum of 90 days. This gives one court district jurisdiction over your case, and that is the jurisdiction you need to file your petition in.

Whether or not you and your spouse agree on the divorce will also factor into your filing. If you two agree on the divorce, it is considered uncontested, and the process is relatively simple. However, if you two disagree, then the process becomes a bit more complicated. No one needs to prove fault when you file for divorce in Texas, making divorce easier in many cases.

The court fees when you petition for a divorce start at around $300. Some counties have additional fees that may go into the total cost of your divorce. Again, if you two agree on a divorce, the costs can be minimal since you can agree your way through the paperwork. If you two contest the divorce in any way, the price of your divorce is going to rise. You can also use lawyers who have specific training in collaboration, or use mediators, to help you get through a divorce. These are typically less costly than going to court is.

Which Grounds Can Be Used for Texas Divorce?

Even though you do not have to prove anyone is at fault in Texas for a divorce, sometimes you may want to. If that is the case, there are several options you can turn to. First, you have cruelty. If one spouse is abusive to the other, in any way, this can be grounds for divorce. Next, you have adultery. When one spouse seeks relations with someone outside the bonds of their marriage, this is considered adultery. Then there is mental institution confinement. This is applicable for either a state-run facility, or a private facility.

Incarceration is also grounds for divorce in Texas. If one spouse convicted of a felony where they will spend at least one year in prison, this can also be used as a reason for divorce. If the two of you have lived apart at least three years, then separation also applies. You can also use abandonment if one spouse left and did not come back for a minimum of one full year.

What if We Both Agree on Everything in the Divorce?

Occasionally, both parties will go through the entire divorce process and agree on everything. This is great for you. However, it should not be ignored that your spouse may change his or her mind. During the divorce proceedings, you have specific timeframes that apply. For example, you have to wait no fewer than 60 days to get divorced in Texas. Plus, there is also a time where your soon-to-be-ex-spouse has the ability to appeal the judgment. This is 30 days from when the divorce becomes final. If, during that time, he or she decides they no longer like the outcome, they can request the court change it.

If you both agree to give things another try, for example, this is not a major deal. However, if your spouse decides they no longer like how you split things up, your divorce could get very complicated. This is why it is so important that you have an attorney on your side. Even if you do not go into court due to an uncontested divorce, you can still ask the opinion of an attorney. Let them look over the paperwork before you file, ensuring your rights are upheld during the process. That way, should you wind back up in court, your rights are more likely to remain intact.

When Seeking a Divorce in Texas, Make Sure You Go Into Court with Representation

It is very important that you understand that some people can make it through the divorce process relatively unscathed. Unfortunately, that is the minority. Most of the time, people start off the process with the best intentions, but something changes as the relationship dissolves further. Having an attorney help with the process can keep everyone more civil. Plus, they can also help with communication back and forth, which may help people speak more politely during the process.

Reaching out to a divorce lawyer in Texas is a good idea, even if things are going well. It is always best to have someone that is looking out for your best interest involved. While you and your spouse may be able to remain close following your divorce, it is not the most common. Protect your rights and keep things as relaxed as possible. Have a divorce attorney on your side.

For more information on what a divorce attorney can do to help you, reach out to the experienced professionals at Wilton & Associates Law, by calling (214) 740-2722 today. They can help with every step of the process for filing for a divorce in Texas.