Decatur Family Law and Probate Attorney

Is a divorce in Texas different?

On Behalf of | Sep 19, 2023 | Divorce

Our state does everything differently. Our state is known for it. And, if you are thinking about a Texas divorce, you may wonder if that reputation extends to the divorce process.

Divorce grounds

The divorce process here varies for each couple going through it. But, there are some over-arching processes. First, the grounds for divorce here are no-fault. This means that neither you nor your spouse must prove any wrongdoing to get a divorce. Instead, you cite the reasons for the divorce as irreconcilable differences.

Though, you could choose to blame the other spouse and decide to file a fault-based divorce. This would require evidence of abandonment, cruelty, infidelity, etc. Choosing to file a fault-based divorce can affect the divorce process, including how property is divided, child custody and support payments, like child support and spousal support.

Residency requirements

If you just moved here, you may not be able to get a Texas divorce. You must have lived in Texas for 6 months, and in the county where you file for divorce for at least 90 days. If you live in Decatur or nearby communities, you can file for divorce in Wise County.

Divorce petition

The divorce petition or petition for divorce is the legal document that starts the divorce. This document contains names, address and all other relevant information. Your county’s district clerk’s office has these forms available, and most of them also have them online. The filing fee is about $300.

Serve the petition on your spouse

Next, after you file, you will need to serve that divorce petition on your soon-to-be ex-spouse. The legal term is service of process. You can do this personally, through certified mail or in extreme cases, through publication. They will then have 30 days to file their counter-petition.

Divorce negotiations

Now that the divorce has officially begun, you need to begin your divorce negotiations. You should include support issues, child support, property division, etc. If you can come to an agreement, you can file that agreement with the court as an uncontested divorce.

An uncontested divorce will save you vast amounts of time and money. There is still a minimum 60 day waiting period before your divorce is finalized.