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File For Divorce in Texas
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.
When you have decided to get a divorce, the first step is to file. When you file your Petition for Divorce, you are officially announcing that you intend to divorce your spouse. The process of filing for divorce is a legal process that allows you to dissolve your marriage legally.
Filing Requirements
When you file for divorce, you will need to pay a filing fee, 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 Texas 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 they are serving outside of Texas. For a spouse that does not live in Texas, it’s particularly important to discuss jurisdiction with a lawyer.
In situations where the Respondent is not easy to access – perhaps they are out of the country or have left town, and no one is able to locate them – other options make sure that the process is completed legally.
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. Respondents can be served in person, by registered mail, by publication in a newspaper, or delivered to your work address.
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 lawyer.
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 of the 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 that things are equitable. If you have a child, you want to make sure that child support and custody are sorted out in court. If either of you needs alimony, you will definitely want to work with a lawyer. If you are looking for a Texas divorce lawyer to help with these concerns, you have come to the right place.
Divorce can feel overwhelming, both emotionally and legally. Our Texas divorce team is available to help whether you are a Petitioner or a Respondent. When you decide to file for divorce, it is usually a good idea to retain a lawyer, we can help ensure you get everything you have the right to in your Texas divorce.
