Each divorce case is different, but there are certain requirements and procedures you can expect to face as part of your case. You should seek help from a Richmond family law attorney to know what to expect in your case.
If you are considering divorce, you are not alone. In a recent year, there were more than 71,000 divorces in the State of Texas, and each of these divorces had to go through a specific legal process. Texas has laws that govern divorces in our state, and the law sets out certain requirements and procedures for married couples to obtain the dissolution of their marriages. Every divorce is different, however, and to know what to expect based on your specific circumstances, you should speak with a Richmond, TX family law attorney directly.
Filing for Divorce
Two people might live separately as if they are no longer married, though they still cannot marry other people as their original marriage is still legally intact. Instead, you must obtain a divorce order from the court to legally end your marriage, and you must start this process by one spouse filing a petition for a divorce with the appropriate family court. The other spouse needs to be served with the divorce petition and summons and has the chance to respond to the petition.
Requirements for a Divorce
Most states have residency requirements to file for divorce within the state, and Texas is no different. One spouse must have been a resident of Texas for six months prior to filing, as well as a resident of the county where they file for 90 days.
The filing spouse must cite grounds for the divorce, and in Texas, you have options for which grounds you choose. These include no-fault grounds of insupportability, which means the marriage cannot be supported, and there is no chance for resolution, as well as living separately for at least three years. You can also cite fault-based grounds, which include:
- Mental instability resulting in being institutionalized for three years
- Abandonment for one year
- Felony convictions resulting in imprisonment for one year or longer
You should carefully discuss what grounds are right for your situation, as it can impact your case in many ways.
Then, you must resolve all pertinent issues in your divorce, which might involve:
- Property division
- Child support
- Conservatorship (also known as child custody in other states)
- Spousal support
Once issues are resolved, the judge can finalize your case as long as 60 days have passed since the divorce filing.
The Divorce Process
There are steps to each divorce, which can differ from case to case. You can expect to follow one or more of the following:
- Filing the petition
- Negotiations between your attorneys to resolve relevant issues
- Mediation if informal negotiations are not successful
- Litigation in court if mediation is also unsuccessful
The length of your divorce will depend largely on your ability to agree and settle relevant matters according to Texas law.
Contact a Richmond, TX Family Law Attorney You Can Trust
If you are facing a possible divorce, you want a Richmond family law attorney from the office of Jaime Jordan Zand, PLLC, on your side. Call (832) 463-4933 or contact us online to discuss your options and how we can help you.