Filing for Divorce in Texas
How Do I File Divorce in Texas?
Are you thinking about getting a divorce? It can be a difficult decision that will bring questions, worries, and a wide range of emotions. Along with the emotional aspect of divorce, terminating your marriage is a legal process and thus subject to various state laws. To ensure that you finalize your divorce with your best interests in mind, seek the services of a trusted divorce attorney.
Linette Aguirre-Gonzalez, PLLC stands ready to provide the guidance and support you need. Our firm serves the Greater El Paso Area, assisting clients one-on-one in their time of need. We understand that every divorce is different, requiring its own unique approach. Our family law firm focuses on providing you with the tailored legal representation that will work best for you.
Difference between Fault & No-Fault Divorce in Texas
Texas is a no-fault divorce state which means that you can file for divorce based on the fact that your marriage is irretrievably broken. No fault or marital misconduct needs to be assigned to either party. You can also petition the court for a divorce based on fault, which may affect the division of marital property. If a spouse chooses to include a fault, it can include:
- Cruel treatment
- Conviction of a felony and/or incarceration of a spouse
- Confinement in a mental institution for at least three years
- Living separate and apart for three years
How Do I Get a Divorce In El Paso?
There are many different kinds of divorce that can be filed for. Whatever your situation is, it is important to have an experienced team on your side walking you through it. Our firm is experienced in a wide range of complex divorce issues.
Default Divorce Explained
If one spouse does not respond to the other’s filing of a divorce, a default divorce can occur. A court will normally grant the divorce by default if a period of time goes by with no response. If this happens, the court will not need the non-responsive spouse to be involved for it to go through.
A collaborative divorce can be utilized as a substitute to a contested divorce. During this process, each party may be represented by a collaborative divorce attorney. A meeting with all parties, which include each spouse and their respective attorney, is then held to work out the specifics of the contracts. If both parties can resolve the issues at hand, a trial would not be needed.
What is Uncontested Divorce in Texas?
In Texas, a couple may file for uncontested divorce if the following criteria have been reached:
- Each spouse agrees to have a divorce
- Each spouse agrees on the divorce terms
- For at least 6 months, you or your spouse must have resided in the state of Texas
- For at least 3 months, you or your spouse must have resided in the county where you are filing
There are many aspects of a divorce that can be agreed upon prior to filing. These include visitation rights, child support, spousal support, and division of property. etc. For those who want a smooth and quick divorce process, uncontested divorce is normally the suggested option. It is a common misconception that in order to qualify for an uncontested divorce, 100% of the terms must be agreed upon from the beginning. Our attorney, Linette Aguirre-Gonzalez, can take you step-by-step on each stage of your divorce, as we know how stressful, and sometimes confusing, this part of your life can be.
What is Contested Divorce in Texas?
Contested divorce normally involves each spouse being present for a mediation session or court hearing. When one (or both) of the spouses do not agree to the terms or grounds of the divorce, a contested divorce can be filed. Terms that are typically disagreed upon may include:
- Property Division
- Child Custody
- Child or Spousal Support
While uncontested divorces may take longer to settle, they do serve an important purpose of protecting your children, property, and other assets. We typically see more of these cases with parties who have collected large financial holdings or are overwhelmed with unique family situations.
Divorce Decree Modifications
You may seek a modification of your divorce decree in Texas after one year. The most common modifications sought are those regarding child custody, child support, and spousal support. You must have a valid reason, such as a substantial change in your financial circumstances, to seek such a modification.
Texas Divorce FAQs
What are the residency requirements for divorce in Texas?
Like most states, Texas has a residency requirement that a couple must meet in order to file for divorce in the state. Texas requires that at least one of the spouses is a state resident for 6 months or more before filing for divorce. Additionally, the spouse must be a resident in the filing county for 90 days or more.
What is the waiting period for divorce in Texas?
Many states also have waiting periods between the time the divorce is filed and the time the judge can issue a formal divorce decree. The waiting period for divorce in Texas is 60 days. 60 days is the minimum amount of time a divorce can take to finalize, however most divorces take longer than this.
What Is the First Step in Getting a Divorce?
The first step should be to make sure you are safe and with people that care for you and can walk you through the process. It is highly encouraged that if you decide that divorce is what needs to happen that you find trusted legal counsel to ensure you are protected.