Individuals contemplating divorce often have questions about the legal process, cost and timeframe for completing the divorce. Today's blog post will address the required steps for accomplishing the divorce, the length of time required and the estimated costs involved.
To be eligible for a Texas divorce, one of the spouses must first be domiciled in Texas for at least 6 months. Once this domicile has been met, the first step is the filing of an Original Petition for Divorce. The petition is prepared by your attorney and is electronically filed with the district clerk in the county in which either of the spouses have resided for the preceding 3 months.
Texas law has a "cooling off" period, which requires that the case be on file for at least 60 days before the Court may grant the divorce. A few rare exeptions to this rule exist.
During the 60 day cooling off period, the other spouse will sign a Waiver of Service, acknowledging receipt of the Original Petition for Divorce and waiving the right to be served by a process and to receive further notice of the proceedings.
The attorney will then prepare a proposed Final Decree of Divorce, that contains proper legal language that grants the divorce, divides any community property, confirms each spouse's separate property, provides for conservatorship, possession and access and support of any children born during the marriage. The Decree may also contain a provision restoring the wife's maiden name.
Once the documents have been prepared and filed, and the cooling off period is past, the attorney will arrange a convenient date for a brief court hearing. At the hearing, the attorney asks the spouse requesting the divorce a few simple questions, and the spouse answers these questions in front of the Judge. Once the questioning has been completed, the Judge will grant the divorce, approve the proposed Decree, and sign the Decree.
If you're contemplating divorce, you don't have to go through the journey alone. Spouses deserve to have quality legal representation so that the process moves forward quickly and efficiently. The family law attorneys of Christiansen Law Firm have extensive experience assisting individuals with divorce matters. Contact the attorneys of Christiansen Law Firm in Houston or San Antonio to schedule a free consultation to discuss your divorce matter.