Obtaining a divorce in Texas follows specific laws and procedures. Divorcing in Texas can be complex, so it is essential to understand the steps involved and what to expect. On this page, we provide an overview of the divorce process in Texas and answer some frequently asked questions about divorce in the Lone Star State.
How Does It Work In Texas?
In Texas, there are two types of divorces – contested and uncontested. A contested divorce is when the couple cannot agree on the terms of the divorce. An uncontested divorce is when the couple agrees on all the divorce terms and can agree to the order. To file for divorce in Texas, generally one spouse must have been a state resident for at least six months and lived in the county where the divorce is filed for at least 90 days.
Collaborative law is another option that involves the parties working together to obtain a solution which can be less stressful for the parties involved. We offer both services depending on your situation. See our Family Law or Collaborative Law information today!
The Costs
The average cost of a basic divorce in Texas is around $2,500.00 - $5,000.00. However, this number can vary depending on the case's complexity and how much litigation is required.
The cost of a divorce depends upon whether or not the parties can agree, the issues that are involved, the required documents and how much Court involvement is required. The more litigation involved, the higher the cost.
The Process
The process of getting a divorce in Texas begins with one spouse filing a divorce petition. The petition must include information about how long the couple has been married, whether they have any children together, and other specific requests based upon the type of property owned by the parties. If the parties have an agreement, it is a matter of drafting the necessary documents for signature. If there is not an agreement, the parties must participate in mediation to attempt to resolve any disputes. If mediation fails, the case will go to trial.
What happens after papers are filed for a divorce in Texas?
The first steps of the divorce process in Texas are the Original Petition for Divorce and the Citation. The person filing for divorce is the Petitioner, while the other spouse is the Respondent. The case then proceeds based upon whether or not the parties have an agreement or need to move forward by attending mediation.
Divorce Stages:
Here are the typical stages for the divorce:
- File the petition for divorce in the county where either spouse resides, as long as Texas is the couple's home state. The petition must be on file for at least 60 days before the parties can proceed with the divorce.
- If the parties have an agreement, the documents can be drafted and reviewed and signed. However, they cannot be submitted to the Court until the 61st day.
- If no agreement, the parties must exchange certain financial documents and then attend mediation to try to resolve any disputes. The parties may need to proceed with temporary orders regarding their property or children.
- If mediation fails, the case will go to trial.
- After the trial, the judge will issue a ruling that will be the basis of a final divorce decree.
- The final divorce decree is drafted and submitted the Court to sign.
How long does divorce take in Texas?
The divorce could take 60 days to one year to be finalized depending upon the issues involved and complexity of the case.
What are the grounds or basis for a Divorce?
There are two grounds for divorce in Texas – fault and no-fault. With a fault divorce, one spouse must allege that the other spouse is at fault for the breakup of the marriage. Texas's most common grounds for fault divorces are adultery, abandonment, cruelty, and felony conviction. With a no-fault divorce, neither spouse is required to allege that the other is at fault for the breakup of the marriage. The most common ground for a no-fault divorce in Texas is "insupportability," which means that the marriage has become insupportable due to irreconcilable differences.
What is a Spouse Entitled to in a Divorce?
Generally speaking, a spouse is entitled to an equitable division of the marital estate. This means that the husband and wife are each typically entitled to an amount of property and money that is fair and reasonable given the circumstances of the marriage. I some cases, spousal support (alimony) may be appropriate. However, there are very specific circumstances that must be discussed with the attorney.
What is recommended to have prepared before filing for Divorce?
It is always a good idea to speak with an attorney before filing for divorce. An attorney can help you understand the process and what to expect. Additionally, you should gather financial documents such as tax returns, bank statements, and pay stubs. These documents will help determine child support, spousal support, and the division of assets. If you need more legal guidance, contact us today and schedule a consultation for your situation!
In Conclusion...
The divorce process in Texas can be complex, so it is important to understand all the steps involved. If you have any additional questions, please contact Thiele Law Firm. We offer reduced fee consultations and would happily answer any of your questions.