Divorce is a challenging process, both emotionally and legally. Understanding the necessary steps and the legal framework in Texas can make it more manageable. This guide will walk individuals through each step of the divorce process in Texas, providing important information on timelines, costs, and procedures.
Step 1: Ensure Residency Requirements Are Met
Before filing for divorce in Texas, it’s essential to confirm that the residency requirements have been satisfied. Texas Family Code, Chapter 6, Section 6.301 states that one of the spouses must have lived in Texas for at least six months before filing. Additionally, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.
If these residency requirements aren’t met, they won’t be able to proceed with the filing until the necessary residency period is completed.
Step 2: Determine Grounds for Divorce
Texas offers both fault-based and no-fault divorce options. The most common is a no-fault divorce, where neither spouse is blamed for the marriage breakdown. Under Section 6.001 of the Texas Family Code, a no-fault divorce can be granted on the grounds of “insupportability” — meaning the marriage has become unsustainable due to conflict or discord.
For those seeking a fault-based divorce, they must cite specific reasons such as:
- Adultery (Section 6.003)
- Cruelty (Section 6.002)
- Abandonment (Section 6.005)
- Felony conviction (Section 6.004)
- Living apart for three years or longer (Section 6.006)
- Confinement in a mental hospital (Section 6.007)
The selected grounds for divorce can impact decisions regarding property division, child custody, and spousal support.
Step 3: File the Original Petition for Divorce
To initiate the divorce process in Texas, individuals must file an Original Petition for Divorce with the district court in the appropriate county. This document outlines the basic information about the marriage and requests a dissolution of the marriage.
The petition must include details such as:
- The parties’ names and addresses
- Information about any children of the marriage
- The grounds for divorce
- Requests for property division or support
They should ensure the petition is filed in the county where either spouse has lived for the last 90 days. After filing, the petitioner must pay a filing fee, which varies by county but typically ranges between $250 to $300. This fee is part of the overall cost of getting a divorce in Texas.
Serving the Divorce Papers
Once the petition is filed, the other spouse (the respondent) must be notified. This is called “serving” the divorce papers. Service can be completed by:
- A sheriff or constable
- A private process server
- Certified mail (with return receipt requested)
If the respondent agrees to the divorce, they can sign a Waiver of Service, which means they acknowledge the receipt of the petition and agree not to contest it.
Step 4: Waiting Period
Texas imposes a mandatory 60-day waiting period from the date of filing the divorce petition (Texas Family Code, Section 6.702). This waiting period applies to all divorces except in cases of family violence or when a spouse has been convicted of certain crimes.
The waiting period gives couples time to reconsider their decision, but in most cases, it serves as a countdown before finalizing the divorce. During this time, the parties will begin negotiating the terms of their divorce, including property division, child custody, and support.
Step 5: Responding to the Divorce Petition
Once served, the respondent has 20 days to file an answer with the court. This answer acknowledges the receipt of the petition and, if applicable, disputes any claims made in the petition. If the respondent fails to respond within the allotted time, the petitioner may proceed with a default judgment, meaning the court will decide the terms of the divorce without the respondent’s input.
In cases of uncontested divorce in Texas, where both parties agree on all terms, the process is much smoother and faster. An uncontested divorce avoids the need for a trial and extensive negotiations, reducing both the cost and time involved.
Step 6: Property Division
Texas is a community property state, meaning any assets or debts acquired during the marriage are subject to division upon divorce. The court will attempt to divide property fairly and equitably, though this does not necessarily mean a 50/50 split. Separate property, such as assets owned before the marriage or received as gifts or inheritance, is not subject to division.
Some factors the court considers when dividing property include:
- The financial situation of each spouse
- The length of the marriage
- Child custody arrangements
- Fault in the dissolution of the marriage (if applicable)
It’s important to list all assets and debts when negotiating property division, as the divorce settlement will affect each party’s financial future.
Step 7: Child Custody and Support
If the couple has children, they must address issues of child custody, visitation, and support. Texas courts prioritize the child’s best interests, and the parents may either agree on a Parenting Plan or leave the decision to the court. The two primary types of custody are:
- Joint Managing Conservatorship: Both parents share the rights and responsibilities of raising the child.
- Sole Managing Conservatorship: One parent has most of the rights and duties concerning the child.
Child support is determined based on the non-custodial parent’s income and the number of children requiring support, in accordance with the Texas Family Code, Chapter 154. The court may also factor in the child’s healthcare and education needs when determining child support amounts.
Step 8: Mediation and Negotiation
If the spouses cannot agree on key aspects of the divorce, such as property division or child custody, they may be required to attend mediation. Mediation is an informal process where a neutral third party helps the spouses negotiate and reach an agreement without going to trial.
Mediation is often less expensive and quicker than a court trial. In Texas, many courts require mediation before allowing a divorce case to proceed to trial, as it often results in a more amicable settlement.
Step 9: Finalizing the Divorce
After resolving all the issues, whether through agreement or court order, the next step is to finalize the divorce. The petitioner must prepare a Final Decree of Divorce, which outlines the terms agreed upon or ordered by the court. This document addresses property division, child custody, spousal support, and any other relevant issues.
At the end of the 60-day waiting period, they can attend the final divorce hearing. During this hearing, the judge will review the case, ensure all paperwork is complete, and confirm that all issues have been resolved. If everything is in order, the judge will sign the Final Decree of Divorce, making the divorce official.
How Long Does a Divorce Take in Texas?
The minimum time to complete a divorce in Texas is 60 days, but most divorces take longer. The actual duration depends on several factors, including:
- The complexity of property and financial issues
- Whether the divorce is contested or uncontested
- The court’s schedule
In an uncontested divorce in Texas, where both parties agree on all terms, the process may be completed shortly after the waiting period. However, contested divorces can take several months or even years to finalize.
How Much Does It Cost to Get a Divorce in Texas?
The cost of getting a divorce in Texas varies depending on factors such as court fees, attorney fees, and whether the divorce is contested. Filing fees generally range between $250 and $300, though this can vary by county.
For those wondering, “how much does a divorce lawyer cost?” Attorney fees can vary significantly based on the complexity of the case. In an uncontested divorce, legal fees might range from $500 to $3,000, while contested divorces can cost upwards of $15,000 or more, depending on the level of conflict and legal work required.
How The Law Office of John H. Nix Can Help
Navigating the divorce process in Texas can be overwhelming, but professional legal assistance can ease the burden. The Law Office of John H. Nix is dedicated to helping clients through every step of the divorce process, ensuring their rights and interests are protected.
From filing the initial divorce petition to negotiating complex property division and child custody matters, they work diligently to achieve the best outcome for their clients. Their experienced legal team understands the emotional and financial challenges involved in divorce and is committed to providing personalized, compassionate support throughout the process.
For those looking for reliable legal guidance during their divorce, contact The Law Office of John H. Nix at (903) 868-2600. Whether it’s an uncontested divorce or a more complicated case, they have the knowledge and expertise to guide clients through this difficult time.