It is important to know from the outset that, in Texas, a person can get either an at-fault or no-fault divorce. The implications of one over the other can be important for matters of division of the marital estate and alimony. Your Bryan divorce lawyers will work with you at each step of the process, including making the decision of which way to file.
Some Matters to Keep in Mind When Divorcing
Texas is a community property state. This means that any income earned by either spouse during the marriage, as well as any property purchased with this income, are included in the marital estate. It is very much to your advantage if you and your divorcing spouse can come to an agreement on issues pertaining to the divorce in order to avoid having the court decide for you. Among these are:
- Division of property
- Child custody
- Child support
- Spousal support
The main requirement for filing for divorce in Texas is that at least one of the parties must have lived in this state for at least six months previously.
The Process of Obtaining a Texas Divorce
The following are the steps necessary for getting a divorce:
- Decide whether to file no-fault or at-fault. If you elect the latter, there are seven grounds for divorce from which to choose. Your attorney can review these with you.
- Obtain the original petition for divorce and file it with the District Clerk in the judicial district where you or your spouse has lived for a minimum of 90 days prior to filing. You will need additional forms to accompany the petition related to children and division of assets. There is a filing fee.
- Notify your spouse that you have filed for divorce. This is mandatory, and there are several ways to do this.
- Wait the state requirement of 61 days after filing the petition.
- Obtain a hearing date.
- Write out your decree of divorce. Again, if you and your divorcing spouse can agree to all matters in the divorce, this greatly simplifies the process and puts power where it should be—with the parents. Otherwise, the judge will render a decision that neither of you like.
- Attend the divorce hearing.
- File the final Divorce Decree.
Make Sure to Have Strong Legal Representation in Your Divorce
It is very important that you have experienced and knowledgeable Bryan divorce attorneys in your corner when you go through a divorce. Call Peterson Law Group today to arrange a consultation at 979-703-7014 or 936-337-4681.