Making the decision to get divorced is never easy.
It can also leave people wondering what to do next to make their divorce legal.
The first step is to find an experienced Texas divorce attorney to work with, one who will guide the whole process.
These tips can further help spouses entering into the divorce process know what to do and what to expect.
- Grounds for Divorce - Texas permits spouses to file no-fault on grounds of insupportability or based on a variety of fault grounds that should be discussed with a divorce lawyer. Even if there are grounds for a fault divorce, lawyers may recommend against filing that way for different reasons.
- Jurisdiction - To file for divorce in Texas, one spouse must be a resident of the state for at least 6 months and the filing must be done in a county where one of the spouses has been a resident for at least 90 days.
- Mandatory Waiting Period - There is a 60-day mandatory waiting period from the day that a spouse files for divorce. If they and their divorce attorney have accomplished all necessary negotiations within that time and an acceptable divorce agreement is presented to the courts, the divorce can be made official on the 61st day.
- Marital Property - Texas is a community property state, but divorce lawyers do warn that this does not necessarily mean that marital property is automatically split 50/50. Spouses and their divorce lawyers must negotiate with their ex-spouses on the division of property in a fair way.
- Post-Filing Responsibilities - Once divorce papers are filed by the representing divorce law firm, spouses have the responsibility to separate their living arrangements and then work toward the fair negotiation of property division, debt resolution, and other decisions related to their marriage and impending divorce. A part of these responsibilities for divorce attorneys is to preserve all evidence that might come into question during these negotiations or to seek temporary orders prohibiting such if there is suspicion that one spouse might try to do so.
- Mediation or Court - Amicable Texas divorces can be negotiated with the help of divorce lawyers and mediators. If mediation is not possible, it fails, or the divorce involves a difficult spouse, the case can instead go to court to be heard and decided by a family court judge.
- Divorce Decree - Whether an agreement is made through mediation and negotiation or is decided in court, a viable agreement that meets all requirements of the divorce and is viewed to be fair by the court will be signed and finalized by the judge.
Getting a divorce in Texas is relatively easy as long as the basic process is followed.
For help with other important details and experienced guidance through the negotiating process, an experienced Texas divorce law firm can help anyone who is ready to file divorce papers.