For many couples, the most challenging component of moving on is the divorce procedure.
The six major stages a person may expect to take, from submitting their petition in a Texas court to receiving their final decree.
Before submitting a petition for dissolution of their marriage to the district court, a person must first pick which reason they wish to cite in their divorce petition. A reason is referred to as the “grounds” for a divorce in legal terminology. To get a divorce in Texas, a person must choose and prove at least one of the grounds for the district court to refer to when it issues the divorce.
In Texas, the law specifies seven grounds for divorce. Three are considered no-fault grounds for divorce. The no-fault grounds are as follows:
- Insupportability: This is commonly referred to as “irreconcilable differences.” It basically means that the couple no longer wishes to be married due to no fault on the part of either of them;
- Separation: This means the spouses have lived apart for at least 3 years;
- Confinement in a Mental Hospital: Success with this requires that one spouse must have been confined in a hospital for at least 3 years. In addition, it would have to be proved that the severity of their mental illness is such that it is unlikely to improve, and if it should, a relapse would be very likely.
The fault grounds for divorce are cruelty, adultery, felony conviction for a crime, and abandonment.
If a person is concerned or unclear about the potential consequences of the grounds on which they choose to rely, it may be beneficial to seek guidance from a local Texas attorney.
What Are the Advantages of Filing First for Divorce in Texas?
A person’s spouse might live in another county in Texas. In this case, there may be certain advantages to filing for divorce first in the District Court of the Texas county where the spouse who wants to file first resides. It might be more convenient for them to deal with the process in the county in which they live.
Also, the spouse who files the petition, the “petitioner” in legal terminology, may be able to tailor their lawsuit to secure a specific judge whom they think might be more favorable to them to hear their case.
Some Texas courts are particularly sensitive to children and may award a higher amount of child support. Still, others may be particularly sympathetic to spousal abuse cases and may better protect the rights of the abused spouse. A skilled local Texas attorney may be familiar with the specific pros and cons of local judges.
Furthermore, when filing for divorce in Texas, if the spouses live in different states, variances in state law may mean that it is preferable to file in one state as opposed to another. A spouse who lives in Texas may prefer to dissolve their marriage in Texas. Again, it might just be more convenient.
There may be other advantages. In Texas, for example, a child 12 years of age or older may write to the court indicating the parent with whom they prefer to live. Thus, if the child is ready to write a statement, a person who may be denied custody in other states with a higher age requirement might want to file in Texas.
In conclusion, when spouses live in different states, it may be advantageous to file for divorce first in the state one spouse prefers for whatever reasons.
How Do I File for Divorce?
A person or their lawyer must prepare a petition for the dissolution of the marriage. This is known as the original divorce petition in Texas. As noted above, the spouse who files for divorce is known as the “petitioner.” The other spouse is known as the “respondent.”
The divorce petition is the legal document that initiates a lawsuit for divorce. To petition for divorce in Texas, a person or their spouse must do the following:
- Live in Texas for at least six months;
- File in the county where the person or their spouse has resided for at least 90 days.
In Texas, family law cases are often heard in state district courts. A divorce case is usually filed through the district court clerk’s office.
The original petition, two extra copies, and the required filing fee are then delivered or mailed to the relevant county’s district clerk’s office.
For example, if you live in Collin County in Dallas, you would hand deliver or send the above to the Collin County district court clerk’s office. A person must pay a filing fee in an amount that varies per county. If a person is filing without the assistance of an attorney, they will look up the applicable fee on their county’s website or by calling the clerk’s office.
A divorce case begins once a person has paid the filing fee and submitted the original petition to the court.
How the Judge Divides the Property During Divorce in Texas?
Texas is a community property state. This means that all property acquired during the marriage belongs equally to both spouses and must be divided equally between them when they divorce.
Property acquired during the marriage through inheritance or as a gift is the separate property of the spouse who inherited it or received it as a gift. That spouse would keep that property in the event of a divorce.
The judge decides when and by whom the property was acquired and who should receive it in a divorce. The credibility of testimony, direct evidence such as a receipt, and any circumstantial evidence surrounding the case are all considered per Texas divorce laws.
Of course, a couple’s debts must also be divided between them. A couple may always negotiate their own marital property division of debts and assets. They would prepare a written agreement and submit it to the judge. If it is not clearly unfair to one spouse or the other, the judge is likely to accept it and include it in the final decree of divorce.
If a couple has a prenuptial agreement, they would present that to the court and rely on it as the basis of the division of their community property assets and debts.
In addition to dividing up assets and debts, a couple must resolve the issues of spousal support (alimony) and, if they have a child or children, child custody and the payment of child support by one parent to the other if the other has primary custody.
Again, the spouses may always agree on how to resolve these issues through negotiations between themselves or through their lawyers. If they do not, then the issues must be subject to a trial and decision by the judge in their case.
Do I Need a Lawyer for a Divorce in Texas?
If you are thinking of getting divorced and are not sure how to start the process, you want to consult a Texas divorce attorney. LegalMatch.com can connect you to an attorney who can figure out where and when it is best to file.
Your attorney can help you with property division and any other issues you may have, e.g., determining the right amount of child and spousal support, child custody, and handling your debt. Even if you believe you can agree about issues with your spouse, you want an attorney on board to protect your rights and your interests.
