Texas Filing for Divorce: Step-by-Step Instructions

1. Texas Filing for Divorce: Step-by-Step Instructions

Realizing your marriage is over is difficult enough in itself. Add to that the complicated legal process of dissolving a marriage and it can seem completely overwhelming. As you learn more about the divorce process in Texas and how it works, it can help you understand the steps involved and the timeline that divorces typically follow.
Depending on whether you and your spouse agree on the terms of your divorce, whether you have children, and whether your assets and significant debts are substantial, a divorce can be quite simple. simple or quite complex.
However, by planning ahead, you can avoid making the process more stressful, longer, or more expensive than it needs to be. Let's go ahead and see how the divorce process works in Texas.

2. How the divorce process works in Texas

Man takes off wedding ring during divorce in Texas
Divorce in Texas usually takes six to twelve months, but many different factors can affect the length of the entire process.
Your specific situation will dictate the exact process you will follow during your Texas divorce. However, the divorce process will typically follow the timeline outlined below.

3. Deposit

Before applying, three basic steps are required. The first may seem so obvious that it's not worth mentioning, but the first important step toward divorce is making the final decision to divorce. This is a serious decision and depending on whether you and your partner reach this agreement, you will need to discuss it with your spouse.
The second step is to determine whether you want to hire a lawyer or if you will get a divorce yourself. Divorcing without an attorney is actually only recommended in certain circumstances, and divorcing without an attorney is not recommended if you and your spouse have a contested divorce.

If you are considering hiring an attorney, now is the time to find an attorney you feel comfortable working with and trust to represent you. The third step is deciding on your grounds for divorce. You will need to choose the grounds you will set out in your divorce papers before filing. Your grounds for divorce are essentially the rationale you give to the court as to why you want to dissolve the marriage.

Before filing for divorce, you can work with your attorney to organize your finances and do everything you can legally to protect yourself before the divorce begins. You can also use this time to determine what your final divorce settlement demands will be.

4. Application submission and services

The first official filing for your case is a document called the Initial Complaint for Divorce. If you are working with an attorney, they will require basic information about you, your spouse, your assets, and your children to accurately complete this form. If you do not work with an attorney, you will have to fill out the form yourself.
Your divorce petition will be filed in district court or district court, depending on where you live. Your case will then be assigned to a specific judge by the court clerk. The file will then be assigned a file number once your file is submitted. At this point, a private process server or sheriff's officer will be able to retrieve the documents to officially serve your spouse.

Your spouse has a constitutional right to be notified if a lawsuit is filed against them. Since divorce is technically a civil action, you are legally required to give them notice in the appropriate manner, unless they have signed a document waiving their right to this form of notice.
The easiest way to notify your spouse is to have them sign a citation waiver. However, if they do not wish to do so, they will need to be served by a person authorized under Texas law to serve legal documents.
In Texas, only individuals listed in Texas Rule of Civil Procedure 103 are legally authorized to serve documents. This includes a sheriff, constable or other person authorized by law or court.
Legally, the process server is required to attempt to deliver the documents in person or by registered mail before moving on to other methods. People often try to avoid having their spouse serve at work because it can be disruptive and embarrassing.

5. Why should professionals use ACC Law Firm's divorce Service?

• Legal Expertise: ACC Law Firm specializes in family and divorce law, ensuring that professionals receive expert legal guidance and support throughout the divorce process.

• Customized Solutions: Each divorce case is unique, with its own set of circumstances and challenges. ACC Law Firm tailors its services to meet the specific needs and goals of professionals, ensuring the best possible outcome.

• Legal Compliance: Divorce involves numerous legal requirements and paperwork. ACC Law Firm ensures that all documentation is completed accurately and submitted on time, preventing potential delays or legal issues.

• Objective Advice: Emotions often run high during divorce proceedings. ACC Law Firm's legal professionals provide objective advice and a calm, rational perspective, helping professionals make sound decisions in the midst of emotional turmoil.

• Conflict Resolution: Divorce can be contentious, but ACC Law Firm is experienced in conflict resolution. They work to minimize disputes through negotiation, mediation, and alternative dispute resolution methods, reducing the need for costly litigation.

• Child Custody and Support: For divorcing professionals with children, ACC Law Firm assists in establishing fair and workable child custody and support arrangements, always prioritizing the best interests of the children.

• Asset Division: ACC Law Firm helps professionals navigate the complex process of dividing marital assets and debts, ensuring an equitable distribution according to the applicable laws.

• Alimony and Spousal Support: Professionals seeking or contesting spousal support can rely on ACC Law Firm to advocate for their financial interests and ensure a fair outcome.

Q&A

1. Question: What are the residency requirements for filing for divorce in Texas?

Answer: To file for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months before filing. Additionally, you should have lived in the county where you plan to file for divorce for at least 90 days.

2. Question: What steps should I follow when filing for divorce in Texas?

Answer: When filing for divorce in Texas, follow these general steps:

1. Residency Check: Ensure you meet the residency requirements for both the state and the county where you plan to file.

2. Gather Documents: Collect necessary documents, including your marriage certificate and financial records.

3. File Divorce Petition: Complete the divorce petition and other required forms, then file them with the appropriate county courthouse.

4. Serve Divorce Papers: Serve your spouse with the divorce papers and provide proof of service to the court.

5. Negotiate and Attend Hearings: Negotiate any contested issues, such as property division and child custody, and attend court hearings as needed.

6. Finalize Divorce: Once all matters are resolved, the court will issue a final divorce decree.

3. Question: Is it possible to file for a no-fault divorce in Texas?

Answer: Yes, Texas allows for no-fault divorce, which means you can seek a divorce without alleging fault or wrongdoing on the part of either spouse. You can cite "insupportability" as the grounds for divorce, indicating that the marriage has become insupportable due to discord or conflict.

4. Question: Can I file for divorce in Texas without an attorney's assistance?

Answer: Yes, you can file for divorce in Texas without an attorney's assistance, especially in uncontested cases where both parties agree on the terms. The Texas State Law Library provides self-help resources and divorce forms on its website. However, legal advice may be beneficial for complex or contested divorces.