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Steps for divorce in Texas

On Behalf of | Jan 17, 2022 | Divorce

If you are considering divorce, you should be aware of what the process involves in Texas. While the divorce process can differ based on individual circumstances, knowing the broad outline of what to expect can help you better prepare.

Know the laws

First, it can be helpful to familiarize yourself with divorce laws, keeping in mind that these vary from state to state. Texas is a community property state, which means that most property acquired during the marriage belongs equally to both spouses. This can affect property division.

First steps

The first official step is to file a document known as an “original petition for divorce.” Where you file this is based on residence. You will then be known as the petitioner if you are the one who filed, and your spouse will be known as the respondent. The respondent can either agree to receive notice by signing a waiver of service or will be formally served.

Property and child custody

A divorce may be contested or uncontested. In an amicable divorce in which both parties are generally in agreement, the process can move quickly. In both types of divorce, you and your spouse will generally need to provide information about your finances and to agree about division of property or go to court where a judge will decide. In fact, prior to filing, it can be a good idea to take stock of your marital finances. If there are minor children, there must also be a child custody agreement. The divorce can only proceed to the final decree once all of these issues are settled whether this happens in or out of court.

Throughout this process, it can be a good idea to focus on choices that will lead to financial stability and minimal upheaval for children involved. This can help keep costs down and stress levels lower.