If you are going through a divorce, you probably think that divorce laws in Texas are just as tricky as a divorce. But then again, aren’t all laws a bit complicated?
You are probably thinking why we, being the legal guide to you, are saying it out loud. However, we only want to speak the truth.
But remember, the divorce laws in Texas are just as important as alcohol laws, education laws, or whistleblower laws. Deciding to end an unhealthy marriage is a significant step. The legal aspects, like an uncontested divorce, fall under your attorney’s role.
In this article, we focus on the divorce laws in Texas. Moreover, we will be guiding you on how much does a divorce cost, what factors determine the costs, and much more. If you’re wondering about how to file for a divorce in Texas, you’re also in the right place. By the end of this article, you will have a simplified idea of the process.
Also, we will be providing you with essentials that you can check off your list to ensure the easiest divorce!
How To File For Divorce In Texas?
The divorce process starts with one spouse. Usually, we call them the petitioners. They are the ones filing the divorce petition.
A divorce petition is a note from that one person who wants the divorce. They are the petitioner. So, the petitioner starts by writing to the court when they want to end their marriage. It’s the first step in getting a divorce. In this letter, the petitioner explains why they want to separate.
Moreover, in this petition, the petitioner mentions things like who should take care of the kids after the divorce. Requests on how money and property will get divided will also be a part of the petition.
Moreover, in this petition, the petitioner mentions things like who should take care of the kids after the divorce. Requests on how money and property will get divided will also be a part of the petition.
The other person in the whole process is the respondent. In a divorce proceeding, the respondent first receives a copy of this petition. It is the petitioner’s official method of telling the court that the marriage is heading toward an end.
Moreover, in the divorce petition, the petitioner outlines the reasons for seeking a divorce. They also clearly state the desired outcomes. Once the petition comes into the picture, the legal system is officially a part of the separation. Therefore, the petition brings forth important issues like property division, child custody, and financial matters.
How Do You File A Divorce Petition In Texas?
A divorce proceeding in Texas begins with an original petition for divorce. According to divorce laws in Texas, it is a document that starts the whole process. An original petition is basically a petition requesting the dissolution of a registered marriage. The purpose of this is to provide basic and necessary information about the petitioner and the respondent spouses to the court. This petition clearly states that the petition is speaking of divorce from their spouse.
Requisites For An Original Petition
The petition must meet the following requirements.
a. It is to be filed in a county where the petition another respondent has provided for a minimum of 90 days.
b. In cases of neither the respondent nor the petitioner living in Texas, the original petition can be fired in any county of Texas. However, it is necessary that the petitioner live there for 90 days.
What Does An Original Divorce Petition Contain?
This position will contain the following:
a. The legal and full names of both the petitioner and respondent.
b. Their full address and the county they reside in.
c. Names and the ages of any children that they have together.
d. Information about any pending orders.
e. A statement with clear intentions of seeking a divorce.
f. Grounds for claiming such divorce by the petitioner.
After providing these details, the petition is to be signed by the petitioner. A 60-day waiting period is given to the spouses from the date of the petition.
Can A Divorce Take Place Without A Hearing?
The respondent is served with this petition and must respond to it within 20 days.
On failing to give a response, the court might grant the petitioner a default judgment of divorce.
According to divorce laws in Texas, a petitioner can, through an original petition, ask for the following things.
a. A no-fault divorce
In such cases, either spouse need not prove that the other one is guilty. No causes are needed for a divorce in such a case. These proceedings are usually simpler.
b. Fault divorce
Under this, a spouse may choose to cite reasons for wanting a divorce. The reasons may include felonies, cruelty, adultery, and a lot more.
Grounds for a fault divorce in Texas may include the following:
- Cruelty can involve cruel treatment meted out by one spouse to the other.
- Felony charges on one spouse or imprisonment for at least a year are sufficient grounds for divorce in Texas.
- If one of the spouses has abandoned the other for more than a period of 1 year, it is classifies as abandonment.
- If a spouse has been living in a mental hospital for purposes of treatment for more than 3 years, it is sufficient ground for divorce.
- If the spouses have been living apart for at least 3 years without any go have a petition in between, it is sufficient grounds for divorce.
c. Custody of children
The practitioner can ask for custody of the children that they have with their spouse.
d. Monetary spousal support
Also known as alimony, a spouse is liable to be monitory support to the other after a divorce.
e. Division of joint property
Either spouse can ask for a division of property after a divorce. These proceedings are usually negotiable and depend on the negotiation power of the respective attorneys.
Divorce Laws In Texas: What Is Contested And Uncontested Divorce?
According to divorce laws in Texas, divorce can be contested and uncontested. A contested divorce is when both spouses do not agree on the divorce, or it’s grounds. This leads to a trial where the judge ultimately decides what is going to happen.
In case of an uncontested divorce, these things happen:
- Both spouses agree on the issues and decide to get a mutual divorce through a settlement.
- The petitioner files for adverse initially, and the respondent never shows up in court. In such a case, the court grants a one-sided hearing or a default hearing of divorce.
Finally, How Much Does A Divorce Cost In Texas?
The cost of an uncontested divorce in Texas can be close to 300 dollars without the help of a legal professional. However, Costs can go up to 550 to 600 dollars in case you carry out the whole procedure online.
If you hire a divorce attorney for consultation, it can cost up to 3500 dollars.
If a family attorney serves the purposes of consultation, the costs can go up to 5000 to 6000 dollars. The average cost of a contested divorce in Texas can go up from 16000 to 17000. This will exclude the monetary spousal support.
We hope you found the article helpful. Do visit our website for more legal articles.
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Jyoti Jha is a freelance SEO content writer for tech , health, and education-related content. With 5 years of experience in the industry, I am creating high-quality content that captivates readers and delivers value.
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