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The Divorce Process
Just as every marriage is unique, every divorce has its own complexities. The process can differ depending on several factors—such as whether both spouses agree on the terms, whether there are shared assets, and whether children were born or adopted during the marriage.
In Texas, there are certain steps that everyone must follow when filing for divorce. The first is correctly filing a Petition for Divorce in the proper county. From there, both parties must adhere to specific procedures to achieve their desired outcome. The exact path your case takes depends on whether both spouses agree to the terms or if the court must resolve the issues.
Navigating the legal and emotional challenges of divorce requires an attorney who understands Texas family law and its many details. Our team has extensive experience guiding clients through the divorce process across Texas and is ready to stand by your side until your case is finalized.
What is Required to File for Divorce in Texas
After Divorce is Filed
Typically, the Respondent is served with a Citation, the Petition for Divorce, and any related court orders or filings. If the Respondent cannot be located—for instance, if they live out of state or have left the country—your attorney can pursue alternative methods of service to ensure the process complies with Texas law.
Even if service occurs promptly, Texas requires a mandatory 60-day waiting period before a divorce can be finalized. This often causes confusion, as spouses remain legally married but may begin living separately. During this time, issues such as child custody, visitation, and support can be discussed. The court may also review the couple’s finances, provide counseling opportunities, and help minimize conflict. This is an ideal moment to assess the long-term implications of divorce and work with an experienced family law attorney to protect your interests.
Even if your divorce appears amicable, understanding all potential legal consequences is vital. In cases involving danger or abuse, an attorney can request that the court waive the waiting period to expedite the process.
How a Texas Attorney Can Simplify the Divorce Process
There are two types of divorces: contested, where spouses cannot reach an agreement and must go to court, and uncontested, where both parties agree on the terms. Even in uncontested divorces, the process can be complex and time-consuming. Regardless of your relationship with your spouse, each of you will need your own Texas divorce attorney—one lawyer cannot represent both parties.
Divorce can feel overwhelming, especially during a stressful and emotional time. With so many details to manage, legal guidance is crucial:
- 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 Texas 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.