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The Divorce Process
Just like every marriage, every divorce is unique. The process itself varies based on numerous factors, such as whether both parties agree to the terms of the divorce, whether there are joint assets involved, and whether the spouses had or adopted children during their marriage.
However, there are a few basic things one can expect from a divorce filed in Houston. First, a Petition for Divorce must be filed correctly and with the appropriate county; from there, the two parties involved will need to follow specific steps to ensure the outcome they desire. What those steps are and how the divorce will proceed depends on whether the two parties involved are in agreement or if the terms of the divorce need to be determined in court.
To navigate the myriad of options that present themselves throughout the divorce process, you need a lawyer who specializes in family law and all the complications it brings. Our legal team is well-versed in the specifics of the divorce process in Houston, and we are ready to be your team until the final paperwork is signed.
Requirements to File for Divorce in Houston
Once you have decided to get a divorce, the very first step is to file. As long as one of the divorcing parties has lived in Texas for at least six months and in the specific county where you file for at least 90 days, you may file for divorce in Houston. You do not need to have both lived in the area. In fact in some circumstances, military families may file for divorce in Texas, even if they are currently stationed outside Texas. In the event that a spouse does not live in Texas, it’s particularly important to discuss jurisdiction with a divorce lawyer.
Taking The First Step
When you file your Petition for Divorce, you officially announce that you intend to divorce your spouse. From there, how the divorce proceeds depends on whether the two parties involved are in agreement or if the terms of the divorce need to be determined in court.
There are two parties to every divorce: the Petitioner and the Respondent. The person filing the petition is the Petitioner, and the person being served is the Respondent. The Petitioner will need to pay a filing fee, which varies by county. Additionally, there is an issuance fee if the Respondent needs to be served with the divorce papers.
After Divorce is Filed
In most situations, the Respondent will be served with a Citation, the Petition for Divorce, and any other papers filed by the Petitioner and orders signed by the judge. If the Respondent is not easy to access – perhaps they are out of the country or have left town, and no one can locate them – your lawyer may pursue other options to ensure that the process is completed legally.
Even if the Respondent is served immediately, Texas has a state law that requires that both spouses wait at least two months before finalizing their divorce. This 60 day waiting period can cause a lot of confusion. Although the spouses are legally married, their actions are independent. If children are involved, this is a great time to consider child support, custody, and visitation. In addition, the courts have the opportunity to assess the financial situation of the couple, offer reconciliation opportunities, and minimize any collateral consequences. This is the ideal time for spouses to consider the consequences of divorce and minimize any negative effects with the help of a qualified attorney.
Even though your divorce may appear amicable, it is important to think about and consider all legal consequences. If your situation is threatening, you should contact a lawyer immediately. They may be able to waive the waiting period if you are in a perilous situation.
How an Attorney Can Simplify the Divorce Process
There are two types of divorces: contested, in which the two parties cannot agree to terms and must go to court, and uncontested, in which the two parties have come to a compromise. While it may sound simpler, even an uncontested divorce involves a lengthy settlement process with considerable work involved. Even if you are on good terms with your former spouse, the two of you cannot be represented by the same legal team. You’ll both need to retain your own Houston divorce attorney.
Dealing with the legal system can be overwhelming, especially during an emotionally challenging time in your life, with many factors to consider:
- If you have many commingled assets, such as a house, a business, or retirement accounts, you want to ensure that things are equitable.
- If you have a child, the best way to make sure that child support and custody are sorted out in court is with the help of a child custody attorney.
- If either of you needs alimony, you will want to work with a lawyer specializing in family law to develop a fair agreement.
Contact The Eaton Family Law Group in Houston Today
If you are looking for a lawyer in Houston or surrounding areas such as Tomball, Katy or Sugar Land to help with these concerns, you have come to the right place. Call us today to schedule a free consultation.