Divorce is a challenging journey, but with the right guidance, you can navigate the process smoothly. This guide will walk you through what to expect when you file for divorce in Texas.
1. Texas Residency Requirements: To file for divorce in Texas, either you or your spouse must have been a resident of the state for at least six months and a resident of the county where you plan to file for at least 90 days.
2. Grounds for Divorce in Texas: Texas allows both no-fault and fault-based divorces. Common grounds include insupportability (no-fault), cruelty, adultery, abandonment, living apart, and felony conviction.
3. Preparing Your Petition: Begin the process by filing a divorce petition. This document outlines your desires regarding property division, child custody, and support.
4. Temporary Orders and Restraining Orders: In some cases, temporary orders may be necessary to address immediate concerns such as child custody and financial support. Additionally, restraining orders may be issued to prevent the disposal of assets during the divorce proceedings.
5. Property Division in Texas: Texas follows community property laws, meaning marital property is generally divided equally.
6. Child Custody and Support: If children are involved, a parenting plan that outlines possession and access, visitation schedules, and child support is required.
7. Mediation and Alternative Dispute Resolution: Courts in Texas generally require the parties in a divorce to attempt to resolve disputes through mediation which can be more cost-effective and less adversarial than going to court.
8. Court Proceedings: If an amicable resolution cannot be reached, then the parties will proceed to a trial where a Judge or a jury will make a decision regarding the issues in the divorce
Filing for divorce in Texas can be a complex and emotionally charged process. If you are considering filing a divorce, consult with one of our attorneys to help you navigate this process.
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