Divorce cases begin by filing a divorce petition, which should include specific information and requests from the court. You should consult with a Sugar Land TX divorce lawyer if you are considering a divorce to seek help initiating your case.
Sometimes it can take a long time to decide that you want a divorce. Once you determine that you should end your marriage, you must then go through a complex legal process before you can move forward with your life. That process starts by filing a divorce petition in the proper Texas family court, which initiates your divorce case.
If you plan to file for divorce, the divorce petition is a highly critical part of the process. You want to make sure you have a Sugar Land TX divorce lawyer preparing and filing everything for you. This starts your case off on the right foot and can help prevent delays.
A divorce petition is a legal document that must contain certain information. This information can answer basic administrative questions, as well as address larger issues in your divorce case. Your petition should include the following identifying information:
- Full names of you and your spouse
- Your home address
- A statement that you have lived in Texas for six months or longer
- The location and date of your marriage
- The names and ages of children you share with your spouse
Grounds for Divorce
In order to seek a divorce in Texas – or any state – you must cite specific grounds for the divorce. You should carefully discuss what grounds to cite with your divorce attorney, as it will significantly impact your case. Your options in Texas can be:
No-fault grounds – You can cite insupportability of the marriage as grounds, which does not put the blame on either spouse, but instead claims there are irreconcilable differences, and the marriage, therefore, cannot be supported any longer.
Fault-based grounds – Texas law also allows you to cite fault-based grounds if your divorce is based on your spouse’s misconduct or other factors. Fault grounds can include adultery, cruelty, felony convictions and imprisonment, confinement for mental illness, or abandonment.
If you cite fault-based grounds, it can complicate your case, as you will need to sufficiently prove those grounds in court. However, doing so might give you an advantage in certain determinations, such as property division or spousal support, so it might be worth it to do so.
Divorce can take time, and some spouses benefit from having temporary court orders while the case is pending, such as setting out child conservatorship arrangements or spousal support during this time. You should include any requests for temporary orders in your divorce petition.
The petition takes a lot of information into account, and this document should succinctly and clearly represent the type of outcome you want in your case. It is best to start your case off right by having a skilled divorce attorney in Richmond draft your petition.