5 Ways For Couples To File A Divorce in Texas

If you wish to end your marriage, you are not the only one in Texas considering it. Each year, more than 75,000 people file for divorce in Texas. It is an unfortunate fact that about 50% of the couples split ways when they find their marriage falling apart.

Nowadays, top online divorce sites help people proceed with their marriage dissolution as smoothly as possible. No matter why you choose to split ways, there are essential things you must know regarding the divorce process and laws in Texas. Before starting an online divorce, you should know the legal procedure and the grounds for divorce.

We will guide you with five tips for couples who wish to file their divorce papers. Laws in Texas allow you to apply for divorce in these ways:

●      File a mutually agreeable divorce petition with the help of a family law attorney

●      Filing a divorce petition against a non-amicable spouse

●      Online divorce

●      Filing a divorce based on grounds laid down by law

●      Filing a no-fault divorce

1. File a mutually agreeable divorce petition with the help of a law attorney

After mutually agreeing to part ways, either of the spouses must file a divorce petition at the court after consultation with a law attorney. It is officially known as the “Original Petition for Divorce.” The person must file it by making an application and paying the court fees. It is the first step of filing for divorce and initiates the procedure. Your divorce lawyer or attorney will guide you with the steps in detail and help you with the legal proceedings. After you file the petition, the court assigns the appropriate jurisdiction and a case number.

The spouse who files the petition is known as the petitioner. The other spouse who responds to the divorce petition to carry it further is the respondent. After filing, the petitioner must notify the respondent with a legal notice.

The court will then call for a hearing to proceed with the case. Each case requires at least one hearing for the dissolution of marriage. A hearing decides the validity of the grounds of divorce and settles other issues like child custody, alimony, and property distribution between spouses. In a divorce based on mutual agreement, the divorce is uncontested and happens without the need for several hearings.

When everything is decided, the divorce decree has to be signed by a judge. Based on the situation, the entire procedure can take very little time up to several months. There is a certain waiting period that varies from state to state before signing a divorce decree.

Let’s look at a few things to consider when taking this route:

●      Filing the forms

The Texas Supreme Court has a list of domestic relations forms. Contact the clerk in your county or an attorney to help you fill in the required forms under the law.

●      Serving a notice

‘Service of Process’ is the official term of notifying the other spouse about filing for divorce. You have to send a copy of all the documents to the other spouse. You can do it through a waiver, a process server, publication, or through sheriff service. The other spouse has 20 days to respond to the original petition. In case of a waiver, the spouse must sign a form of receipt of the documents. This is the usual process followed in an amicable divorce.

2. Filing a divorce petition against a non-amicable spouse

There may be circumstances when your partner is not amicable about the divorce. He or she may not be accessible too. In such a case, the official procedure for filing a divorce will remain the same as the previous way, barring a few changes.

Consult a lawyer for legal advice and file the case putting in your grounds or allegations, if any. There may or may not be any allegation from your side, and your spouse may also choose to agree or not agree with them. The next step is sending the legal notice to your spouse through a sheriff or a private process server. Since property disputes are often involved in cases of divorce with a non-amicable spouse, you may need to file for a temporary restraining order from the court to stop the sale or transfer of property. 

During the hearings, the spouses have to produce evidence in the court, if required. The procedure may follow a lengthy period in some instances before the decree is signed. This frequently happens when spouses do not agree over the claims, the custody of the child, or property distribution.

Let’s look at a few things to consider when taking this route:

●      Filing the forms

You can request the court to issue a temporary restraining order while filling in the divorce forms if you fear that your spouse may sell property. In such a case, the court has to issue a hearing within 14 days.

●      Serving a notice

A waiver is possible in cases of a non-amicable spouse, but not always. If you have the option to ask your spouse to waive the service, you can choose to do it. If it is impossible, you can serve your spouse through a constable or sheriff, which is an inexpensive option. However, it is slower compared to a more expensive professional process server. Sometimes, when the spouse cannot be located, the law allows you to publish the service of notice in a newspaper.

3. Online divorce

Getting a divorce becomes easier with online services. Even if the steps look complicated, it saves some time and hassle. Doing an online divorce means having all of your divorce documents prepared using an online service as an alternative to expensive legal assistance. Using the best online divorce service texasonlinedivorce.com, you can get all your divorce paperwork prepared online in the shortest possible terms.The whole process can be done without leaving your home.

To qualify for a convenient and easy online divorce, you must meet the residency requirements for the state in which you live and your case must be uncontested. The law requires you to stay in Texas for a minimum of six months before you apply for divorce and in a particular country for at least ninety days. If you do not presently live with your spouse, you have to find his or her address to send the notice.

Approach one of the top online divorce companies to prepare your petition. Mention all the necessary details, make payment for the service, then just wait for the completed documents to appear in your email (usually within 2 business days). After that, you just need to file the ready documents with the court. If you decide to e-file, there are clear instructions on the Texas government site where you need to e-file your petition. You may also physically file the petition following the instructions provided by the online company.

Save one copy of the petition to serve your partner.

Let’s look at a few things to consider before application for divorce online:

●      Mutual settlement

An uncontested divorce happens smoothly without delay. You and your spouse must mutually settle all the issues before starting your online divovce. Discuss all property settlement, division of debts, and child custody issues with your spouse.

●      Seek a quality online divorce company

It is important to seek help from a reputable online divorce company. Check reviews of the company to ensure that their services are reliable. Additionally, you can check websites like Texas Law Help if you do everything yourself.

4. Filing a divorce based on grounds laid down by law

The laws in Texas lay down some grounds based on which you can get a divorce. Traditional fault-based grounds of divorce in Texas are:

●      Cruel treatment by a spouse

●      Adultery

●      Conviction in a case of a felony

●      Imprisonment of a spouse for at least one year

●      Abandonment of a spouse for at least one year

●      Confinement of a spouse in a mental hospital for at least three years with no chance of adjustment.

The above grounds must render the impossibility of cohabitation with the spouse. However, you may need to prove the grounds in the court during the hearing. It may lead to a lengthy and complicated process.

Let’s look at a few things to consider when taking this route:

●      Burden of proof

Filing a divorce petition on the mentioned grounds will require you to prove them. Your partner may not agree to the claims leading to a lengthy court dispute.

●      Complicates the procedure

Most people go for a no-fault divorce because it is a more straightforward process that requires much less time. When you file your divorce petition based on any fault-based grounds, you have to prove the claims. There may be disputes and disagreements over child custody, debt settlement, and property issues. All such steps take a lot of time and make the procedure very complicated.

5. Filing a no-fault divorce

Texas also has no-fault grounds for divorce, where the marriage becomes irreconcilable due to incompatibility between the spouses. The only reason is discord in the marital relationship without any expectation of mending it. When spouses have been staying separately without any cohabitation for at least three years, that also qualifies them as a no-fault divorce. You have to state in your original petition that you wish to go for a no-fault divorce.

Let’s look at a few things to consider when taking this route:

●      No grounds to prove

Since none of the partners put forth any blame on the other or any criminal charge, there are no grounds to justify. You do not need to provide any evidence to the court.

●      Simplifies the process

It is the easiest way to apply for a divorce as it makes the process very simple and shortens the length of the procedure. It is quite hassle-free, as both partners usually agree over the issues beforehand.

Get acquainted with the laws of the state and the county before filing a divorce case. It will help you to understand the proceedings. Try to close the marital chapter of your life as gracefully as possible to make the process quicker and less bitter.