File For Divorce
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The first step in any divorce is to file. By filing your Petition for Divorce, you formally declare your intent to divorce your spouse.
When you file for divorce, you must pay a filing fee, which varies depending on the county. If you cannot afford the cost, you may request that the judge waive it by submitting a Statement of Inability to Afford Payment of Court Costs. There is also an issuance fee if you need to serve your spouse divorce papers.
You can file for divorce in Sugar Land if you or your spouse have lived in Texas for 6 months and in the county where you plan to file for at least 90 days. It’s not necessary for both of you to have lived in the area to be eligible for divorce. Military families can file in Texas if it is their home state, even if they’re stationed elsewhere. Discussing jurisdiction with a Sugar Land divorce lawyer is crucial for spouses no longer residing in Texas.
Every divorce has two parties: the Petitioner and the Respondent. The Petitioner is the individual who files the petition, while the Respondent is the spouse being served. Once the Petition for Divorce is filed, it is legally served to the Respondent.
In most cases, the Respondent will receive a Citation, the Petition for Divorce, and any other relevant papers or orders the judge signs. If the Respondent is difficult to reach—whether they are out of the country or cannot be located—legal options are available to ensure the filing process can be completed.
Once served, the Respondent has about three weeks (the Monday after 20 days) to contact the court. This timeframe allows plenty of time to hire a Sugar Land divorce attorney.
Once served, the Respondent has three options: file an answer, submit a counter-petition for divorce, or do nothing. If they don’t respond, the Petitioner can proceed with the divorce without their input. In this situation, the Respondent forfeits any say in asset division or child custody decisions.
While both parties play a role during the filing process, the divorce can still move forward even if the Respondent does not participate. If one spouse wants a divorce, there’s nothing the other spouse can do to force them to stay married.
Divorce proceedings can be complicated, especially if you have numerous shared assets like a home, business, or retirement accounts. Facilitating fair asset division, establishing child custody arrangements, and settling child support or alimony issues are crucial parts of the process. Get in touch today! If you’re looking for an experienced lawyer in Sugar Land, Katy, Tomball, or Houston, we are here to help with every aspect of your divorce.
