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What Does the Texas Divorce Process Look Like? 

 Posted on May 11, 2022 in Divorce

texas divorce lawyerWhile thousands of couples get divorced every year in Texas, if you are approaching the divorce process for the first time it can be intimidating. Divorce has the potential to be simple, but more often it can be quite a complex process that takes many months to resolve. Divorcing couples must agree on issues like property division and custody, and conflict between spouses can make negotiations difficult. Whatever challenges you face in divorce, a knowledgeable divorce attorney can help you resolve them; if you are considering getting a Texas divorce, here is a brief overview of the process. 

Fault or No-Fault Divorce? 

Texas law provides seven “grounds,” or reasons, for divorce. These include cruelty, adultery, and abandonment, and while a divorcing couple does not have to pursue a fault-based divorce, proving fault can have a significant impact on your divorce process. Once you have decided whether you want a fault-based or no-fault divorce, you can file the divorce papers. 

Petition for Dissolution

The infamous “divorce papers” that people get served are the original petition for divorce. Filing for divorce actually begins the divorce case. Once you have filed the petition paperwork, you need to either serve your spouse with divorce paperwork or get them to sign a waiver saying they do not need to be “served” the divorce papers by the sheriff or a private process server company. 

Answer, Counterpetition, and Waiting Period 

The spouse who is served the papers must respond with an answer within 20 days. Their answer can include a counter-petition stating their own grounds for divorce and what they want from the court. Texas generally requires divorcing couples to wait at least 60 days from the original filing before the divorce can be granted. During this time, couples can negotiate important issues like child custody, child and spousal support, and community property division. The faster a couple can agree on these issues, the sooner a divorce can be granted. 

Divorce Decree

If couples cannot agree on all the necessary issues and mediation does not help or is not appropriate, the divorce may proceed to trial where a judge or jury will decide on the facts and the distribution of property, child support, parenting arrangements, and more. Once an agreement has been reached or ordered, the final divorce decree can be granted and the marriage is over. 

Schedule a Free Consultation with a Galveston, TX Divorce Lawyer

Whether you have already decided to get divorced or are still trying to make up your mind, an experienced Galveston divorce attorney Daniel R. Bacalis, P.C. can help you explore your options and understand more about the Texas divorce process. To schedule a free consultation, contact us today at 409-392-1511



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