The Texas Divorce Process

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Divorce Lawyers in Houston: What is the Texas divorce process? How do I start my divorce? Get the answers to these and other frequently asked questions about getting divorced in Texas:

HOW CAN I SAVE MY MARRIAGE IF MY SPOUSE WANTS A DIVORCE?

Family Lawyer Houston: It can be traumatic to go through the process of divorce, especially if one party is not ready to give up on the marriage. You can certainly suggest marriage counseling to your partner. However, if he or she is unwilling to attend counseling and stills files for divorce, you cannot stop the legal process.

In Texas, you do not need your spouse’s consent to obtain a divorce. The most you can do is participate in the divorce process to ensure your rights are being protected. At the least, seek a consultation with a family law attorney so that you know what your rights are.

Should the two of you can reconcile, the spouse who filed for the divorce can then file a motion to dismiss or nonsuit the case.

HOW DO I END MY MARRIAGE PEACEFULLY?

Divorce Lawyers Houston: The divorce process can be a terrible time in a person’s life and striving to make this a peaceful period is advisable. Try to focus on not arguing about small issues (i.e., who keeps the microwave?) and instead concentrate on what is best for you and your spouse (and your children, if you have them) to move forward.

Concentrating on the negative aspects of your relationship usually only serves to slow the divorce process down and make you miserable. The more you and your spouse can agree upon, the less painful and speedier the process will be.

HOW DO I ACTUALLY GET A DIVORCE IN TEXAS?

Family Attorney Houston: In order to start the divorce process, your or your spouse must file the Original Petition for Divorce. The Original Petition is then served upon the other spouse by the sheriff, process server, through their attorney or by your spouse acknowledging they were served by another method such as certified mail.

It is important to note that sending the divorce paperwork by standard mail is not acceptable service unless your spouse agrees to it and signs a notarized document that this is acceptable to them.

Once the documents are served, your spouse has approximately 20 days to respond. If they do not respond, your matter will continue without his or her participation and you will be granted a divorce on a default basis.

If your spouse does respond, your matter is now contested, and you will begin the process of gathering information from your spouse, attempting to settle through the court and, possibly building your case for trial.

If you and your spouse cannot settle your matter, the court will have a trial and the judge will make all decisions for you.

HOW DO I FILE FOR A PRO-SE OR “DO IT YOURSELF” DIVORCE IN TEXAS?

Divorce Attorneys in Houston: You can obtain the forms to file for divorce (and all other necessary forms for the process) from a website such as https://texaslawhelp.org/.

Remember, the divorce process can be complicated, so strongly consider a consultation with an experienced family law attorney before mistakes are made. Errors in your divorce can cost you more time and money than getting things done correctly the first time.

DO I NEED AN ATTORNEY FOR MY DIVORCE?

Houston Divorce Attorneys: The short answer is, anyone can go ahead and get a divorce on their own. That means that if they’re representing themselves, they’re called a pro se litigant.

And it’s completely understandable, they figure, “You know, let me just take care of this. I know what I want, I know what I expect out of the process and I’m going to get it done timely, I’ll be attentive to my matter.”

And they are permitted to go to the court, get certain paperwork and the court staff may even be able to make suggestions on where they can obtain Pro Se paperwork, but the staff is not permitted to give legal advice.

Having a do-it-yourself divorce type situation can oftentimes lead to a tremendous number of mistakes, so my suggestion is, just go, get advice, have an initial consultation with a lawyer, a free initial consultation, and then figure out what the right process is for you and how you are best able to handle it going forward.

HOW LONG DOES IT TAKE TO GET A DIVORCE IN TEXAS?

Divorce Attorneys Houston: The traditional answer is, from the date of the filing of an Original Petition for divorce to the time that you get your final judgment of divorce is at least 61 days but often times it may take a year.

Many people panic when they hear that particular time frame because they think that it’s just simply too long. But the short answer is, if you and your spouse have definable issues and you can come to the resolution table and make compromises, you really can get the divorce over within just a few months.

But the reality is that if you do have complex issues that need to be addressed, it does extend the time. So, for instance, if you have business valuations that need to be addressed or custody that is in dispute for your children as far as parenting time and visitation and such, experts need to be employed, then certainly that expands the overall lifetime of a case, and it could, in fact, exceed a year.

HOW DO I START THE PROCESS FOR A DIVORCE?

Divorce Attorney in Houston: Simply put, you begin the process of divorce by filing the Original Petition for Divorce and accompanying documents with the court. From this initial filing, the rest of the process flows.

HOW LONG DOES THE DIVORCE PROCESS TAKE?

This depends on the complexity of your case and whether or not your spouse can agree upon terms for your settlement agreement.

If you have no issues at all (i.e. no children, no property, no debts) then the process can be completed in as little as 61 days. If you have complex issues and cannot work out an agreement with your spouse, your divorce may take up a year or more.

NOW THAT WE’VE DECIDED TO DIVORCE, CAN I MAKE MY SPOUSE MOVE OUT OF THE HOUSE?

Houston Family Attorney: One of the most common questions I get at the initial consultation with new clients is, “Can I make my spouse leave the house? If I file an Original Petition for divorce, how do I get my spouse out?” Well, the short answer is, you really cannot, not right away, not in the State of Texas.

What you need to understand is both of you have a right to stay in the house. It’s the marital home. You have a right of possession and you have a right to continue to occupy that residence during the pendency of your divorce process unless one of you by consent is willing to leave.

Now, please understand that your spouse will leave the house if, in fact, there is some type of protective order. That is under a very specific situation if, in fact, there is an abuse situation going on and you have a protective order in effect.

WHAT IS THE DISCOVERY PROCESS IN A DIVORCE?

Houston Family Law Attorneys: If you and your spouse cannot agree on terms of your divorce, your matter is contested and you will go through a discovery process. That process is the gathering of information from your spouse that you may use as evidence in your divorce matter.

This information includes things such as pay stubs, bank account information, property records and/or pension records.

The information is gathered through interrogatories (a list of questions that you send to be answered by your spouse), a notice to produce (a document listing the items you want your spouse to provide to you, such as bank information) and possibly depositions.

Depositions are when you or your spouse are asked questions in the presence of a court reporter. The person answering the questions is sworn to tell the truth and a written transcript is created which can be used later at trial ... Continue Reading