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Filing For a Divorce?
Filing for divorce begins when one spouse files a petition to terminate the marriage legally.
In a Texas divorce, there are two parties— the petitioner and the respondent. The one who files the petition for divorce is called the petitioner. The spouse who receives the request for the divorce is called the respondent. After filing the petition, it is served to the respondent through a specific legal process.
What Are the Requirements For Filing a Divorce?
When filing a case, you are required to pay a filing fee. The fee varies depending on your county. If you cannot pay this fee, you can request a “Statement of Inability to Afford Payment of Court Costs.” There’s also a fee to serve your spouse the divorce papers, which is required to begin the divorce.
Either party may file for divorce in Tomball, Texas, if they have lived in Texas for the last six months or longer and lived in the country for ninety days or more. Individuals serving in the military outside Texas can file for a divorce if it is their home state. It is crucial to discuss jurisdiction with a lawyer if the spouse lives outside of Texas.
There may be instances where reaching a respondent can be difficult because they are out of the country or untraceable. In this situation, the respondent can be served the petition for divorce, citation, or other papers filed by the petitioner and signed by the judge via registered mail. Courts can deliver petitions to work addresses as well.
Once the respondent has been served, they can file a response with the court in three weeks— enough time for the respondent to get hold of an experienced lawyer.
What Happens Once The Divorce is Filed?
The answer to this question is simple. If you are the one who has received the divorce petition, you can file either a response or a counter-petition. You can also allow the other party to finish the divorce process without you. However, in that case, you would not have a say in the decisions regarding custody and properties.
The initial filing phase requires the cooperation of both parties. After this, the divorce can move forward even if the respondent fails to respond. After all, marriage is an act of free will. You cannot forcefully retain someone in a relationship that has died.
During the separation, ensure that commingled possessions like businesses, houses, or even retirement accounts are equitable. If you are parents, both of you need to sort out issues related to custody and child support. For alimony, you will need to contact an experienced divorce lawyer who can help guide you through the procedure.
Divorce is undoubtedly one of the most challenging things you can face in an otherwise unpredictable life. That is why having a team of experts to deal with these complexities can be a blessing. For those living in Tomball, or Houston Texas, Eaton Law Firm can be a way to end their marital turmoil. We can help you to get what is rightfully yours!
