Filing for a divorce does not just take an emotional toll, but one also needs to know the various requirements and specifications regarded during the entire process. Otherwise, the process can become very lengthy and complicated for both parties involved. The terms of divorce need to be worked out by both parties. Some prefer to go about the process through lawyers, some approach the court on their own, and some choose an online divorce filing service to assist in the separation process. In this article, we will be looking at the basic requirements and specifications for the divorce process in Texas.
- Residency Requirements:
At least one out of the spouses needs to be a resident of Texas for at least 6 months before the petition for divorce is filed. Additionally, he or she needs to be a resident of the county where the petition is filed for at least 90 days prior to initiating the case.
If the court has to preside over non-resident applicants, the couple’s latest marital residence should be in Texas, and the petition has to be filed prior to the second anniversary of leaving the marital residence.
If either spouse resides in a different state or country, the person outside of Texas is allowed to file for divorce in their current place of residence so long as they meet the residency requirements of that state.
If a partner is pregnant, the court suggests that the divorce proceedings be delayed till the baby is born so that his or her custody is included in the decree. The custody and the support of the child are worked out together to ensure a smooth process.
- Petition Filing
The Petition for Divorce may be filed with the District Court of the county where either party lives. The Petitioner (the spouse that files the petition) must give legal notice to the other spouse known as the Respondent.
The Petitioner has to apply for a divorce with the county’s District court where either of the partners resides. The petitioner must serve the Respondent with a copy of the divorce papers or a legal notice regarding the petition.
The Respondent needs to file an answer within 21 days of officially being served with the notice. Failing to do so may result in a default ruling in the case. In such circumstances, it might be possible to end the divorce process without the inclusion of the Respondent.
A 60-day waiting period follows before the judge grants the final divorce decree. However, the waiting period does not hold if either party or a member of the household is convicted of domestic violence against the petitioner. The cost of filing for a divorce is approximately $300. The filing fee may vary slightly depending on the county in which the petition is being filed.
Some important caveats:
Collaborative Divorce: In this procedure, both the parties and their counsels agree to the dissolution of marriage through a mutual settlement agreement without requiring any judicial intervention other than approving the settlement and signing the orders as is required by law.
Name of the Spouse: If either party files a request to change their last name to the one they used before the marriage, it can be done through a decree of Annulment or Divorce, unless the name change is denied by the court.
- Legal Grounds for Filing Divorce
There are seven statutory grounds of divorce which are considered as legal reasons for filing a divorce.
- Insupportability due to conflict of personalities, discord, which cannot be reconciled
- Cruelty towards a spouse by another one which makes living together impossible
- Abandonment of either spouse by the other one for at least a year
- Felony committed by one spouse who has been imprisoned for at least a year
- No cohabitation of the couple for at least three years
- Confinement to a state or private mental hospital of either of the spouses for at least three years and the condition is irreversible
- Legal Separation
The state of Texas gives no recognition to legal separations and has no provisions of court actions related to legal separations. However, the court allows the spouses to enter into a written agreement regarding their debts, assets, and division of property while the dissolution suit is pending in the court. If the court finds the agreement just and right, then the terms become binding by law.
- Child Custody and Support
The best interests of the child is the main priority of the court when deciding on custody and support. When deciding between sole and joint custody and the terms of visitation, the court bases its decision on various factors related to the ability of the parents to satisfy the personal, emotional, physical, and developmental needs of the child. Any accusations of domestic violence are also considered when granting custody. Child support is calculated using the obligor’s salary and the number of children in question.
DIY Divorce Process – A New and Easy Way of Getting Your Divorce Filed!
DIY divorce processes are also becoming increasingly popular in the state of Texas. Because DIY divorce is convenient and easy to understand, it is the most affordable and quickest form of divorce. All forms and documents can be obtained and completed online using an online divorce service without the need to hire any lawyers. The steps to complete the divorce process online are very easy to follow, and unlimited phone and email support are available. Court approval is generally guaranteed, or your money is returned by the online divorce company. You can look at the customer reviews and ratings to decide which online platform to choose for filing your DIY divorce proceedings.
Take notice of the terms and conditions of the divorce, the requirements of the court, and the grounds of divorce before choosing to do your divorce online or offline. Keeping these things in mind will allow you to complete the divorce process with comfort and move on with your life.