Filing for Divorce in Texas
Get an Aggressive Advocate on Your Side
If you are thinking about getting a divorce, or have already begun the process, you are likely feeling the stress and anxiety of this difficult journey. Even those partners who amicably agree that severing the marital relationship is the optimal decision for the both of them, divorce inevitably can become a complex and arduous procedure, both emotionally and financially.
If you do not have the legal representation of a dedicated divorce attorney in Houston, it is likely that the event can become a seriously extended undertaking. The longer that the process drags out, the more money you have to pay in expensive court fees. This is why you should get in touch as quickly as possible with The Law Office of Jimoh PC. Our determined lawyer is ready to help you navigate the challenges of divorce so you can peacefully move on with your life.
Contact us now at (713) 999-6585 to speak with a divorce lawyer in Houston.
Types of Divorce in Texas
In Texas, divorce cases may be either contested or uncontested. If a divorce is uncontested, this means that the court does not need to be involved in helping the 2 ex-partners decide the terms which will go into place following the dissolution of the marriage. It is certainly easier if the spouses can come to an agreement on their own if there are any financial settlements that need to be divided as they part. On the other hand, contested divorces, which tend to be far more common, occur when one or more issues rise, whether in relationship to child custody and support, or one spouse’s need for alimony.
Although a divorce is contested, it can still be a “no-fault” divorce, which means that there has not been any indication that illegal or criminal misconduct has occurred to cause the divorce. If misconduct has occurred, however, such as any form of abuse, our attorney can make sure the court is aware of this issue, which can greatly affect the financial division after the divorce.
The Divorce Process in Texas
It is important to keep in mind that the jurisdictions vary from each state. The process to file for a divorce is never identical. Still, there are basic steps that are required to file, which include:
- Filing the petition - either spouse must file at their local court a document called an Original Petition for Divorce. This will require a small fee. Filing this document essentially begins the process of divorce, and you will receive a case number from the court clerk.
- Legal Notice - Once the petitioner is given the case number, the respondent will have to be served the legal notice. You cannot personally serve your spouse, rather it must be served by a friend, relative, coworker, county sheriff, or another process server. In addition, the server must be over the age of 18.
- Hearing - divorces will usually require at least 1 court hearing, and sometimes more if the divorce is contested. Here, evidence is presented and issues surrounding custody, support, etc. are discussed. If the divorce is uncontested, and each spouse is in agreement with the terms, then the party that did not file may not need to attend the hearing.
- Final Decree - The length of time to get your final decree will depend on the type of divorce filed. Even if your divorce is uncontested, Texas requires a 60 day waiting period that allows each side to "cool off" and mend their emotions.
The Requirements for Filing for Divorce
In the state of Texas, the law states that at least one of the partners must have lived within the state for 6 months, and at least one of the partners must have lived 90 days in the county filing the divorce case. Then, the petition must be examined by the court for a total of 60 days before the divorce is able to be completed. If any conflicts should arise, our attorney is ready to support you in contesting these issues so that your side is heard.
We are highly experienced with helping our clients with challenges related to:
- Child custody
- Child support
- Alimony support
- Financial settlement
- Enforcement matters
- Division of property
- Disputes of paternity
- Modifications of divorce terms
- Suits dealing with relocation
No matter what your situation is, trust in our divorce lawyer in Houston to rigorously defend your side.
Call us today at (713) 999-6585 or contact us online to discuss your Houston divorce.
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