When filing for divorce in Texas, one party will be recognized as the petitioner while the other party is the respondent. In connection to this, the Texas family code states that the two parties must be represented by two separate attorneys.
How the divorce will proceed will depend on how the respondent will act on the appeal filed by the petitioner. Depending on the complexity of the case, the whole divorce process can take an amount of time to be finalized. It could be as easy as in the case of an “uncontested” or “amicable” divorce or it could move forward as it goes through the ordinary course of a case.
The attorneys at Turner-Monahan have helped thousands of clients go through divorce cases of different levels of complexities. They are experts at knowing how to defend for your case and in creating a judicious plan that will work for you.
Learn about how divorce works in Texas from our very own expert, Attorney Tyler Monahan.
How Divorce Works in Texas
Divorce is a very sensitive subject. After all, two very complex people who were once together will begin discussing the settlement of properties and financial matters as they move to the dissolution of their marriage.
The best way to navigate through a sensitive case such as divorce, is to hire an attorney who specializes in divorce and family laws.
Since there are 50 states in the United States, there will be 50 different laws surrounding divorce in order to protect their constituents.
As such Nevada divorce laws will differ from that in Texas. For this, we shall be closely examining how the process of divorce works specifically in the Texas state.
Some of the points that will be discussed in this article are the following:
- What are the basic requirements for the process to start?
- What are the basic grounds for divorce in Texas?
- When does the divorce process start?
- How is “uncontested divorce” defined by Texas law?
- How long does the divorce process ideally take?
What are the basic requirements for the divorce process to start?
The Texas law requires the two parties, the petitioner and the respondent, to be represented by two separate attorneys.
In other words, they cannot be represented by the same attorney during the process.
Another basic requirement for divorce to take place in Texas is residency.
Residency is legally defined as the required span of time by the state and local laws that ultimately qualifies a person to the lawful protection and benefits given by relevant laws or regulations.
According to the Texas Family Code, the petitioner must have been residing in the specific county for at least 90 days and must have been living in Texas for at least 6 months.
Grounds for Divorce in Texas
The Texas Family Code defines seven fault grounds for divorce. Essentially they are abandonment, adultery, cruelty, felony conviction, insupportability, living apart, and mental hospital confinement.
Six out of the seven requires one of the spouses to be at-fault. Among these, insupportability does not require one or both of the spouses to be at-fault.
When does the divorce process start?
Once the basic requirements are met, the actual divorce process can finally start.
Between the two parties, there are roles as well as responsibilities to be fulfilled. First of the roles is the petitioner, the second being respondent.
If you are the one filing for divorce, you will be assuming the roles and responsibilities of the petitioner. As the petitioner, you are required to serve the other person with the petition for divorce.
Serving this petition must be done with a process server and should also be done in person. This is unless the respondent is willing to sign a waiver of service. The respondent then has to respond as fast as possible before this expires the Monday after the 20 days it was issued.
Within the period where the respondent creates the response, there could be temporary orders issued by either of the parties. One possible order that could be put in place is a restraining order which will have a hearing within 14 days.
Once the 20 days expires and depending upon what the respondent does, the parties are either able to reach some sort of an agreement.
The divorce will then move forward and go through the course of the case. This includes mediation, discovery, other times going back to additional hearings. Eventually, a final trial would occur if the couple is still unable to agree.
In the case that the respondent is willing to sign a waiver of service, the judiciary will consider this petition for divorce as “uncontested” or “amicable” divorce.
How is “Uncontested” or “Amicable” divorce defined by Texas law?
Legally, an uncontested or amicable divorce is the kind of divorce is where both the spouses are in an agreement that they are both accepting the petition of divorce. However, there is still more to it other than just both parties agreeing.
By law, there are still several criteria that must be met before the Texas judiciary considers this as an uncontested divorce. These are the following:
- Both spouses agree on the dissolution of the marriage
- Both spouses agree on that the reason/s for their divorce
- Neither spouse has an in-progress bankruptcy case
- There aren’t any minor children involved
- There are no properties together and do not have any financial benefits to be divided
- Both spouses are not seeking alimony
How long does the divorce process ideally take?
Generally, the divorce process can take from 6 months up to a year. This all depends on how complex the situation is.
In the case of an amicable divorce, there is still going to be a 60-day waiting period prior to finalizing your divorce.
For more information on this, check out our post on the process here!
Getting Started on your Divorce
Divorcing in Texas without an attorney is allowed. But, this is only applicable in the case of an amicable divorce that meets the criteria stated above.
In any case, an attorney-at-law will be the best person to help you navigate through your divorce. This can help ensure that both parties will be at a beneficial standing point as you dissolve your marriage.
For any expert help, consultation, or legal assistance with regards to divorce, please feel free to speak to our attorneys-at-law by visiting our website: https://tumolaw.com/
