One of the spouses must have resided in the county where the divorce is filed for at least 90 days prior to the filing. If you and your spouse agree on the terms of the divorce, you may produce an Agreed Decree of divorce to expedite the process.
Grounds for Divorce in Texas Like most states, Texas allows you to divorce your spouse purely on the grounds of insupportability. Although fault is not a consideration in granting a divorce, it may still play a role in the division of property.
Step 2: Notifying your spouse Under Texas law, you must provide copies of all documents related to the divorce to your spouse. You should obtain a Service of Process form from a district clerk prior to using one of the following methods to serve your spouse with the Original Petition for Divorce and the Citation: In person—You must use the process service offered by your county sheriff to serve your divorce papers on your spouse.
You cannot serve your spouse yourself. You must pay a fee for the process service. Upon completion of service, you will receive a notice from the process server which you must file with the court.
You may need to get approval from the court first to use service by mail. If you are unable to reach your spouse, you may still be able to provide Service by Publication.
You should only use this method if you do not know the location of your spouse and cannot find it. You must obtain approval from the court first and, upon approval, publish a notice in a local newspaper. These responses are classified as Default If your spouse does not provide any response to the divorce petition, then the judge will assume that the Respondent has abdicated any right to participate in the case.
Uncontested If your spouse files an Answer with the court but agrees with all of the details in the Complaint, this is considered an uncontested dissolution of marriage.
Contested If your spouse files an Answer that disputes aspects of equitable distribution, custody, or alimony found in the Original Petition for Divorce, then the court will likely have to step in and make decisions regarding contested issues.
Step 3: Contested or Uncontested divorce? In contested divorce cases, you must attend a hearing where the judge will determine the format of the trial, including major issues litigated and what evidence is admissible.
Contested divorces usually involve attorneys for both parties. Most divorce attorneys will charge substantial legal fees in a contested divorce procedure due to the length of time and effort of participating in a trial. In a protracted legal case, many lawyers will charge you by the hour. This long and costly process may include document requests, subpoenas and witness interviews.
Contested divorces may cost several thousands of dollars or more in court and attorney fees, depending on the number and complexity of disputes. If you and your spouse can amicably settle your marital issues, you may submit to the court the Settlement Agreement attesting to your final resolution. After the papers are filed, the judge will schedule a final hearing, which you and your spouse must attend. You or your spouse may be asked to confirm details of the Settlement Agreement at this hearing.
The judge will schedule a hearing to finalize the divorce at least 60 days following the initial filing. In many cases, an uncontested divorce is considerably more inexpensive because there is no need to hire an attorney or complete a trial. Many people are capable of filling out the paperwork for an uncontested divorce without legal assistance. Read now. Step 4: DIY or attorney assisted divorce?
Self-Representation Lowest Cost If you and your spouse can agree to a settlement prior to going to trial, it will dramatically reduce the cost related to the divorce and minimize stress to you and your family.
Generally, forum shopping, which is the process of filing a case in a state with more favorable laws, lower fees, etc. However, if you and your spouse live in different states and both of you meet the residency requirements where you live, you may generally file in either state. If you and your spouse live in the same state, but different counties, and the filing fee is considerably less in the county where your spouse resides, you may consider filing there instead of your home county.
Moreover, in a few states, the difference between counties can be even more significant. In some states, in order to speed up the divorce process the non-filing spouse can file a document in response to the divorce called an Answer, even when spouses agree on all issues. However, in many other states, an Answer should not be filed in an uncontested divorce since filing one will trigger a response fee. In such states, the response fee is usually almost as much as the filing fee that you paid to start the divorce.
In California, for example, although you must give your spouse a Response form as a formality, it doesn't need to be filed if in an uncontested case. However, a response fee is paid if, and only if, your spouse files a responsive pleading like an Answer after being served with divorce papers.
There are other ways to keep divorce filing fees to a minimum. Filing a joint petition or having your spouse sign a document accepting service are two methods commonly available to avoid the need to pay for formal service of divorce papers by a Sheriff or professional process server.
Where Do I File? Texas Law. Section 6. Initial Divorce Forms There is only one "official" divorce form in Texas. The toolkit contains instructions, forms, frequently asked questions, and more. Instructions and forms for both agreed and default divorces are included. Divorce Forms - Minor Children Involved with Existing Final Custody Order Texas Law Help has created a toolkit for divorces where the family has minor children and there is already a final custody order in place.
E-Filing E-filing is a way of filing court documents electronically, without having to send in paper copies to the clerk's office. Court Fees, Attorney Fees, and Temporary Support If you can't afford the expenses of filing for divorce, there are some options available to you. Understanding the Law. Also known as an affidavit of indigency or a pauper's affidavit. The forms are from Tarrant County but may be able to be modified for use in your jurisdiction.
Please check with an attorney for assistance.
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