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File For Divorce in Houston
When you have decided to get a divorce, the first step is to file. When you file your Petition for Divorce, you officially announce that you intend to divorce your spouse.
Filing Requirements in Houston
You will need to pay a filing fee when you file for divorce, which varies by county. If you cannot pay the fee, there is the option of asking the judge to waive it. You simply need to file a Statement of Inability to Afford Payment of Court Costs. There is also an issuance fee if your spouse needs to be served the divorce papers.
You can file for divorce in Houston if either you or your spouse have lived in Texas for at least the last six months and in the county where you file for at least 90 days. You do not need to have both lived in the area. Military families may file for divorce in Texas if it’s their home state, even if serving outside Texas. For a spouse that does not live in Texas, it’s particularly important to discuss jurisdiction with a Houston divorce lawyer.
Houston Filing Process
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 Petition for Divorce is legally served to the Respondent after it 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 – other options ensure that the process is completed legally.
After the Respondent has been served, they have about three weeks (the Monday after 20 days have passed) to file a response with the court. That means there is plenty of time to retain a Houston divorce attorney.
After a Divorce is Filed
There are three primary options for a Respondent. They can file an answer, file a counter-petition for divorce, or do nothing. By doing nothing, the Respondent allows the Petitioner to finish the divorce without them and would not have any say in decisions about assets or child custody.
Both parties to the divorce have a responsibility in the filing phase, but the divorce can move forward even if the Respondent refuses to respond. That means that no one can force someone to remain married if they desire a divorce.
There are many ways that a divorce can be complicated. If you have many commingled assets, like a house, a business, or retirement accounts, you want to make sure things are equitable. If you have a child, you want to make sure that child support and custody are sorted out in court with the help of a child custody attorney. If either of you needs alimony, you will want to work with a lawyer. If you are looking for a lawyer in Houston or surrounding areas such as Tomball to help with these concerns, you have come to the right place.
