Getting a divorce in Texas can be easy or complicated, depending on whether you and your spouse are on good terms with each other or not. If you can set aside your differences and work together, you can end your marriage in a dignified and amicable manner. If, on the other hand, you are antagonistic towards each other, you might be able to get a divorce only after a lengthy legal battle.
In this article, we take an in-depth look at the process of getting a divorce in Texas.
Filing for Divorce
You can file a petition with the district court of the county where you or your spouse has lived in for at least 90 days. In addition to this, you or your spouse must have been a Texas resident for a period of six months prior to the date on which the divorce petition is filed.
Sending a Notice
This is the next step in the process of getting a divorce in Texas. Once you file the petition, you are required to send a legal notice to your spouse to let them know that you have filed for divorce. They are required to respond within 21 days of receiving the notice. If they do not, the court can choose to proceed with the divorce case in their absence.
Hearing
Divorce cases in Texas usually involve at least one hearing, where both parties are required to present their arguments and submit the evidence to support their claims. Based on the arguments and evidence presented, the court will make a decision on key issues related to your divorce case – including spousal maintenance, division of assets and liabilities, child custody, and child support.
Getting a Divorce in Texas: Final Decree
This is the last step in getting a divorce in Texas. Once the final decree is signed, the dissolution of your marriage becomes official.
Fault Divorce in Texas
Under Texas law, you are allowed to file for a fault-based divorce under the following circumstances.
- If your spouse has cheated on you by having an affair with someone
- If your spouse is cruel towards you and causes you physical or emotional pain and suffering
- If your spouse has committed a felony and has been sentenced to a year in a state or federal prison
- If your spouse has lived away from you for a period of one year or longer, without showing any intention of living with you again
- If your spouse’s mental health is severely affected and if they have been confined to a hospital or asylum for a period of three years or longer
No-Fault Divorce in Texas
Under Texas law, you are allowed to file for a no-fault divorce under the following circumstances.
- If there are irreconcilable differences between you and your spouse, as a result of which your marriage has become insupportable
- If you and your spouse have not lived in the same household for a period of three years or longer and have no intention of cohabitating again
Collaborative Divorce in Texas
If you and your spouse are intent on getting a divorce in Texas without going to court, you can do so by opting for a collaborative divorce. You can work with a collaborative divorce attorney, discuss all the key issues (a division of assets and liabilities, spousal maintenance, child custody, visitation, and child support) between yourselves, and come to an agreement.
There is no judicial intervention at any point during a collaborative divorce process. Once you reach an agreement on all the issues related to the dissolution of your marriage, your attorney can draw up a settlement agreement and submit it for the court’s approval.
Experienced Divorce Lawyer in Texas
If you are thinking of getting a divorce in Texas, it is important to hire an experienced attorney who has an in-depth understanding of the Texas Family Code and can provide you with the legal advice and guidance you need at every step of the divorce process.
Eric M. Willie is one of the most experienced and successful divorce attorneys in Texas. Over the last 35 years, Mr. Willie has represented scores of Texas residents in cases related to family law – including adoption, paternity, divorce, child custody and visitation, spousal maintenance, and child support.
An expert in alternative dispute resolution mechanisms, Mr. Willie can help you resolve your differences with your spouse regarding the division of marital assets, spousal maintenance, child custody and visitation, and child support through mediation or arbitration so that you can avoid a lengthy and expensive legal battle.
If you considering getting a divorce in Texas and want to find out what your options are, contact our firm today at 512-982-0714 or fill out this contact form to schedule a free consultation with one of our divorce attorneys.