Going through a divorce in Texas involves a specific legal process with defined steps. Understanding these steps helps you manage expectations and take control of the situation. If you’re contemplating divorce, knowing what to expect can ease some of the stress.
File a petition for divorce
The first step in a divorce is to file a petition for divorce with the court. This document outlines the reasons for the divorce and any requests for child custody, division of property, and alimony. The petitioner (the person filing for divorce) must live in Texas for at least six months and in the county where the petition is filed for at least 90 days.
Serve the divorce papers
After filing the petition, you must notify your spouse about the divorce by serving them with a copy of the petition. The spouse being served has 20 days to respond. If they don’t respond, the divorce can proceed by default. If they agree to the terms, the process can move faster.
Negotiate divorce terms
Once the divorce petition has been filed and served, both parties need to work out agreements related to the division of property, alimony, and child custody (if applicable). If both spouses agree on all terms, the divorce can proceed uncontested. If there are disagreements, the parties may need to attend mediation or court hearings to resolve them.
Finalize the divorce
The last step is for the judge to review and approve the divorce agreement, finalizing the process. If there’s a settlement, the judge may sign the divorce decree after ensuring both parties are satisfied. If the case goes to trial, the judge will issue a ruling based on the evidence and testimony presented.
Whether contested or uncontested, divorce in Texas follows a clear process. Taking the necessary steps to understand the legal requirements and timelines will help ensure a smoother transition.
