Deciding to get a divorce is a troubling moment. But what happens when you finally decide you are divorcing? One of the basic requirements is to file for a divorce. Yet, many people don’t know what to do when such moments call.
Whether you are planning to divorce now or learning for future needs, this article is for you. Contrary to popular opinions, filing a divorce in Texas is easier and less stressful. This is true, especially for an uncontested divorce. This type of divorce, also known as ”agreed divorce”, is less expensive as well. So, when divorcing couples are on good terms, they should follow these steps.
For a couple to divorce in Texas, one of them must meet the residency rule. Texas courts demand that either divorcing spouse must have lived in the state for at least six months. If met, the soon-to-be-ex spouses should proceed with the following.
Prepare the Divorce Documents
Several forms are needed when filing a divorce in Texas. Texas Courts have a uniform list of documents required. Even though some counties have limits, it is advisable to speak to the clerk for clarification. The court clerk will help determine which forms you should use.
The person filing is the petitioner, and the spouse is the respondent. Another requirement here is to state the grounds for the divorce. But you must also note that Texas is a no-fault and uncontested state when it comes to divorce. This means the divorcing couples have reasons beyond reconciliation as reasons for divorce.
File Your Forms
With the required forms in place, you can file with the right county court. Depending on your county’s size, you will for sure find an appropriate court. When you identify with the right court, file your petition in two copies with the clerk. You are free to ask ahead of time to be sure of the ideal number of documents needed. Submit the petition by hand or by email. When you go the mail way, ensure you include a stamped, self-addressed envelope. The clerk will then assign your petition a cause number and the filing date.
Serve Your Forms
You should notify your spouse that you have filed a divorce. It is known as the serving process. The process requires that you deliver copies of the divorce documents to the other party. You can choose from a host of methods to serve your spouse. Choose between waiver, sheriff, or constable service, process server as you please. The simplest is for the spouse to sign a waiver of citation. With this, you can easily mail or hand-deliver the copy yourself. Once signed, file with the clerk and proceeded with the next step.
Prepare for Disclosure and Final Decree
You will wait for 60 days after filing the petition before the divorce is finalized. And a lot are usually at stake during this time. For one, you and the other party should agree on several things, from property division to child support, before completing a final decree. The decree you sign will define issues like child custody, visitation, support payments, and more. It is excellent to note that Texas is a community property state. Meaning the court will share properties equally among the divorcing spouses.
The Time for Hearing
The final stage of a file a divorce is a court hearing. Most divorce cases usually require one hearing to finalize everything. But as common, life happens, and this may change. Be sure to appear for the court hearing as per the required date and time. If you are unsure, call the clerk to inform you of what to do. The clerk should clarify the documents you should go with and just anything in between. However, note that your spouse must not be present. And be ready to answer questions and present evidence whenever necessary.
Filing uncontested divorce doesn’t demand much of your sweat. Provided you agree on all the issues, you are set to go. Divorce is quite a challenging life process. And when the time comes, you should get all the support needed. Among them is equipping yourself with the full knowledge of the whole process. Meanwhile, if you are changing your minds for going a marital separation rather a divorce, Forms. Legal is your go-to place for getting a marital separation agreement in Texas.