Filing For Divorce
Filing for divorce is often complicated. However, when both parties are on board with a divorce, it can make things slightly easier. It is always helpful when the parties can resolve their disputes in an amicable manner.
When seeking a divorce, one of the parties will be required to file what is referred to as an “Original Petition for Divorce.” Parties who live in Round Rock, Texas, for example, would file the petition with the Williamson County District Court, located at 405 M.L.K. St., Georgetown, Texas. As recently as two years ago, you could file for divorce in person at the district clerk’s office; however, now the process is handled online. Numerous websites also allow you to e-file your divorce petition.
If you have just moved to the state of Texas, you will need to wait before you seek divorce. The Texas Family Code requires you to be a resident of the state of Texas for a minimum of six months. You’re also required to be a resident of Williamson County – or the county you’re filing the divorce in – for at least 90 days prior to filing.
If the divorce has contested issues, a temporary order hearing will likely be the next step in the process. Some issues that may be resolved during temporary orders are:
- Use and possession of the marital home
- Use of a particular motor vehicle
- For what purposes money may be spent
- Who has possession of or access to the children and how much time each party may have with them
- Child support
There are many reasons why parties may require a temporary order hearing. As such, it’s best to discuss your case with an experienced lawyer prior to filing for divorce. If a temporary order hearing is required or the divorce is contested, it will be highly important to obtain an experienced Round Rock divorce lawyer to assist you with fighting for your rights.
Finalizing The Divorce
A divorce can be finalized by agreement of the parties, by a final hearing or by jury trial. Generally, the best practice is to attempt to work out your divorce amicably. The more issues that you and your spouse can work out between yourselves, the less expensive the divorce will be.
A divorce with a final hearing will be decided by a judge. When issues are not agreed upon before the hearing, the judge will make the final decision as to the assets, debts and children involved in the divorce.
In a jury trial, the judge will decide on some of the issues, and the jury will decide on other issues. Jury trials are extremely rare in divorces in Texas.
Whether the divorce is agreed upon or contested, it is best to speak to an experienced Round Rock divorce lawyer. If you have any questions, please call me at The Law Office of Clifford Alan Swayze located in Round Rock at 512-920-5080. I am located at .
Common Divorce Questions
Is it possible to get a divorce when my spouse doesn’t want to?
Texas used to require the party seeking divorce to prove very specific reasons as to why they were seeking a divorce. If the allegations couldn’t be proven, the divorce failed and the marriage remained intact. Texas is now a no-fault divorce state. This means that a party seeking divorce needs to only show that the marriage has become insupportable – due to discord and conflict – and that there is no hope for reconciliation. However, a party can still prove allegations of a fault divorce. A fault divorce may be used to obtain a larger share of the community property. If one partner says there is discord and conflict and there is no chance of reconciliation, the party seeking to remain married will not succeed. When one party wants to be divorced, the divorce will be granted.
To serve or not to serve?
Prior to filing your divorce petition, you’ll decide whether to have the other party served by either the constable or process server or request a waiver of service from the other party. If you are getting along with the other party, the least expensive way is to seek a waiver. The other option is to have the other party served, which includes a fee.
What is the divorce waiting period in Texas?
Texas requires a 60-day waiting period after filing for divorce before it can be finalized. This does not mean the divorce will be finalized within 60 days or that this is a reasonable period of time for a divorce to be finalized. Every divorce has its own set of facts and circumstances, and it’s difficult to know how long the divorce will take at the time of filing. If the parties are in total agreement and the terms of the divorce are not complicated, it is possible to obtain a divorce within 60 days. However, if there are any issues that complicate the process, such as a complicated retirement account situation, home sale or child support issues, the divorce may take longer.