Divorce can be a difficult and emotional process, but understanding the process and knowing what to expect can help make it a bit easier. In Texas, the process begins with the filing of a petition. The spouse who files is referred to as the petitioner, while the other spouse is referred to as the respondent. The respondent has the opportunity to answer and respond in the case. Texas divorce forms can be found on the state court website and the state law library site.
Before filing for a divorce in Texas, there are certain criteria that must be met. One or both partners must have lived in Texas for at least six months, and in the county where the divorce is filed for at least 90 days. Unlike some other states, Texas does not require partners to have lived separately for a certain period of time before filing for divorce.
The petitioner must have the divorce papers legally served on the respondent, which can be done in person or by certified mail. If those methods are not possible, the court may allow substituted service by email or social media.
In Texas, a divorce can be obtained on the grounds of no-fault or fault. A no-fault divorce can be obtained when the marriage is insupportable, defined as when there is discord or conflict and no expectation of reconciliation. This is the easiest reason to seek a divorce and no proof is necessary. It is also possible to seek a fault divorce by proving one of the following grounds: cruelty, adultery, conviction of a felony, abandonment, living apart, confinement in a mental hospital.
Divorce in Texas can also be classified as contested or uncontested. A contested divorce is one in which the couple cannot agree on at least one issue in the divorce. An uncontested divorce occurs when the spouses agree on all of the issues in the divorce and file a settlement or agreement with the court.
When it comes to the division of property, Texas uses the community property standard. Marital property is assets and debts accumulated during the marriage, and they are divided evenly between the spouses. Separate property, assets and debts the spouses came into the marriage with or received by gift or inheritance during marriage, is not included in this.
Child custody and support are important elements in many divorces. In Texas, spousal support or alimony is called maintenance. The duration of maintenance is determined in part by the length of the marriage, with longer marriages being eligible for longer and sometimes permanent maintenance.
In order to get maintenance payments, one of these situations must be true: The spouse from whom maintenance is requested was convicted of family violence against the requesting spouse or spouse’s child no more than two years before the divorce. The requesting spouse is unable to support themselves through appropriate employment or does not have enough property to provide for their minimum reasonable needs.
In conclusion, filing for divorce in Texas can be a complex process, but understanding the legal requirements and the different grounds for divorce can help make the process a bit easier. It is important to seek the advice of a lawyer, as well as to have a clear understanding of the process and what to expect.