Divorce Process (15)
In principle on all cases, you must wait at least 60 days before finishing your divorce.
When counting the 60 days, find the day you filed your Original Petition for Divorce on a calendar, and then count out 60 more days (including weekends and holidays). If the 60th day falls on a weekend or holiday, go to the next business day.
Note: The 60-day waiting period begins the day after filing the Original Petition for Divorce.
There are two exceptions to the 60 day waiting period.
If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60 day waiting period is waived.
If you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during your marriage, the 60 day waiting period is waived.
If you have been served with divorce papers, you should seek the advice of an experienced divorce attorney as soon as possible. Once you have been served, you only have 20 days to respond. Filing an answer or counter-petition for divorce ensures you will have a voice in the matter. If you do not respond within that time frame, your spouse can proceed with the divorce without your input and you will likely end up with a divorce decree that is not in your best interests.
You do not have to have a lawyer to file or respond to a divorce case. However, divorce cases can be difficult and your rights as a parent, your property and your money may be at risk.
- See what the average divorce fees might cost when hiring a lawyer.
You must wait 30 days from the date of divorce before you can marry someone else. This 30 day waiting period may be waived by the judge only if there is good reason to do so.
Divorce can be a very complicated process, especially if there are minor children involved or if the parties cannot agree on major issues like child custody, support, and property division. In Texas, divorce proceedings begin with the filing of a divorce petition by one spouse and end with a final divorce decree. In contested cases, there are many other steps in between. Below is an overview of the Texas divorce process in contested cases:
- Filing the Divorce Petition
- Providing Your Spouse with Notice
- Respondent’s Answer and Counter-petition
- Temporary Orders
- Discovery
- Negotiations/Mediation
- Trial
- Divorce Decree
No, you cannot refuse to get a divorce in Texas. If your spouse files for divorce, he or she can proceed with the divorce even if you do not want one. In other words, a divorce can and will be granted even if you don’t agree to it.
Yes, you can get a divorce in Texas if you were married in another state. You will need to meet the residency requirements for divorce in Texas, which require that either you or your spouse have lived in Texas for the past six months and be a resident of the county where you are filing for divorce for the past 90 days.
In Texas, any property that was owned by one spouse prior to the marriage or that was inherited or gifted to one spouse during the marriage is considered separate property. This can include jewelry, vehicles, clothing, houses, etc. Separate property is not subject to division in a divorce and will remain with the owner.
An uncontested divorce is one in which the parties have no disagreements about the logistics of their divorce, including child custody, child support, property division, and so on. In these cases, the divorce process is amicable, quicker and less expensive.
A contested divorce is one in which the parties cannot agree on one or more aspects of their divorce, such as child custody, child support, property division, etc. These cases can be much more complicated and often require the help of a mediator and may even need to go to trial. Contested cases are usually much more expensive and time-consuming.
Yes, you must get a legal divorce if you want to end a common-law marriage in Texas when property, children and assets are involved. A family court must divide marital property and decide child custody, visitation and support, as well as other divorce-related issues. In some cases, the parties in a common-law marriage simply go their separate ways without any involvement from the court. They just proceed as if the common law marriage never existed. This is fine as a practical matter, but problems often arise down the road.
Yes, you can get a divorce in Texas even if you are not a U.S. citizen. You just have to meet the same requirements as anyone else getting a divorce in Texas:
- At least one party to the divorce must be a Texas resident for at least six months prior to the filing of the petition for divorce,
- At least one party to the divorce must have lived in the county where the divorce was filed for at least 90 days prior to the filing the petition for divorce.
In Texas, debts are usually divided between the spouses in a divorce in the same way that community property is divided – fairly and equitably. However, there are some exceptions to this rule. For example, if one spouse incurred a debt without the knowledge or consent of the other spouse, that debt may be awarded to the spouse who incurred it.
A family business would likely be considered community property and, therefore, divided fairly and equitably between the spouses in a divorce. One spouse could continue to own the business after buying out the other spouse or the judge could order them to sell the business and split the profits.
However, there could be some exceptions to the community property rule depending on the specific circumstances of the case. For example, if one spouse owned the business prior to the marriage or inherited it during the marriage, it would likely be considered separate property. In that case, the business would not be subject to division in a divorce.
When it comes to businesses and divorce, it can get complicated quickly. That’s why it’s important to seek the advice of an experienced family law attorney.
A divorce is final in Texas when the divorce decree is signed by a judge and filed with the county clerk’s office. Once the divorce decree is final, it is considered a public record.
Who gets the house depends on whether the house is community or separate property. If the house was acquired during the marriage and used by both spouses, it is community property and will be subject to division in a divorce. Since tangible property cannot be divided, there are a number of possible scenarios:
- The house can be sold, and the proceeds divided between spouses.
- One spouse may remain in the house and buy out the other.
- One spouse may remain in the house and give the other spouse assets that offset the home’s value, so the property division is equal.
If the house was acquired by one of the parties before the marriage or after the divorce petition was filed, it is considered separate property and will not be divided in a divorce. That house will likely be awarded back to the original owner.