How do I obtain a divorce in Texas?
This question is frequently asked by individuals contacting our office.
In order to obtain a divorce in Texas, one of the spouses of the marriage must meet the state's residency requirements and file a document entitled "Original Petition for Divorce" with the appropriate state court.
What are the residency requirements in Texas for obtaining a divorce?
Before you may obtain a divorce from a Texas court, either you or your spouse must have lived in Texas for at least six (6) months. In addition, you or your spouse must have lived in the county in which you file your divorce petition for at least ninety (90) days.
Does Texas have a waiting period? If so, how long is it and when does it start?
Yes. Texas, like all states in the United States, requires that you wait so many days before you may obtain a divorce. A common misperception, however, exists as to how that waiting period is calculated.
Texas requires that a person filing for divorce wait at least sixty (60) days before they may ask the court to finalize a divorce. This time period begins on the day you file your divorce petition with the court. There is no requirement that you must be separated for a particular length of time, nor do you need to be married for any particular length of time. The waiting period only begins once you file your petition.
For the purpose of counting the number of days, the day you file the divorce petition is day 0, the following day is day 1 and so on.
Does Texas have legal separation?
No. Unlike other states, where you may be required to be legally separated from your spouse for a specified length of time before filing divorce, Texas does not recognize any sort of legal separation. Therefore, there is no need to file any paperwork with Texas courts to notify them of the fact that you have separated from your spouse.
Once I file my petition for divorce, what happens next?
In an ideal situation, prior to filing your divorce petition, you will have already discussed the divorce with your spouse and the two of you may have already agreed on how to divide your community property and how to deal with custody of your minor children, if any. In this case, usually referred to as an "uncontested divorce", the next step would be to obtain a waiver of service from your spouse, sparing the expense and effort associated with having your spouse served with the divorce petition.
Once the waiver of service is filed with the court, the agreement reached between you and your spouse regarding the community property and the children would be written out into a document called the "Final Decree of Divorce". This document, once completed, would be signed by you and your spouse and then presented to the court once the 60 day waiting period has expired. Assuming the court approves the decree, you and your spouse will be considered divorced upon the judge pronouncing you as such, and that would be the end of the judicial process.
What if my husband and I cannot agree on the division of our community property or custody of our children?
Unfortunately, many divorces result in conflict and disagreement over the final decree. Luckily, there are a number of ways in which you may be able to reach agreement, even if that seems unlikely at first.
If your spouse is uncooperative regarding the divorce, you will need to have them served with the divorce petition. This is usually accomplished through the sheriff or constable's office, or through the use of a private process server. Once your spouse has been served, he or she must answer within a certain amount of time, or else they are considered in "default". If the waiting period and the time for your spouse to answer has expired, you may be able to obtain a divorce decree on your own terms without any input from your spouse.
If your spouse responds to the divorce before you can obtain a default decree, however, there are other ways to open communications with your spouse and achieve agreement, including negotiation with your spouse and/or your spouse's attorney, or perhaps mediation.
How much does it cost to obtain a divorce?
The cost of a divorce varies greatly from case to case. In Texas courts, the filing fee for divorce ranges from approximately $200 to $250, depending on a number of factors, including whether there are minor children from the marriage, whether you are seeking a temporary restraining order, and whether you will need to have your spouse served with the divorce petition.
If you and your spouse agree on all aspects of your divorce and simply need an attorney to draft and file the paperwork to complete the divorce, it can be relatively inexpensive. These "uncontested divorces" typically cost between $800 and $2,500, depending on the complexity of your custody agreement and the complexity of the agreement concerning the division of community property and/or community debt.
Sometimes, however, agreement cannot be reached, and divorces may result in long, protracted legal battles lasting a year or more. In such cases, a divorce may cost anywhere from $5,000 or more. Luckily, such cases are rare and the vast majority of divorces are resolved with an agreement between the spouses.
Can't I just purchase divorce forms online and file them myself?
Theoretically, you could attempt to obtain a divorce on your own. There is no law or rule that requires you to hire an attorney in order to complete your divorce. Then again, you could also choose to repair your own vehicle, build your own home, grow your own food, or weave your own clothing.
Although hiring an attorney is a major expense, many people find that it can greatly reduce the stress involved in obtaining a divorce. The process is already stressful enough as it is with the conflict and emotions involved. Attempting to learn the law, rules and procedure involved, all while trying to negotiate with your spouse and hoping that you have competently protected all of your rights in the process can be a very difficult task.
To assist our clients with the expense of attorney's fees, we are always open to considering payment plans. In addition, our office is able to accept Visa, MasterCard, Discover and American Express for many family law cases.
I still have questions. Who should I contact?
The lawyers at Patel & Warren, PLLC will be more than happy to answer your questions. Please call our office at 713-579-9700 to discuss your particular case in detail.
