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Frequently Asked Questions Regarding the Divorce Process

Navigating through a divorce can be a complex and emotionally taxing journey. This is true especially when it involves understanding the specific legalities in Texas. To assist those embarking on this challenging path, we’ve compiled a comprehensive guide addressing common questions about divorce in Texas.

This article aims to demystify the divorce process, providing clear and concise answers to the most frequently asked questions. From the initial filing procedures to understanding custody and asset division, our goal is to offer a helpful resource that clarifies doubts and guides individuals through the various stages of their divorce proceedings in Texas. Whether you’re just starting to consider divorce or are already in the midst of it, this guide serves as an essential tool in navigating the legal landscape with greater confidence and understanding.

What is a Texas Divorce?

From a legal standpoint, Divorce is the method of terminating a marriage contract between two individuals (the parties). A divorce ends a valid marriage. It is the legal procedure that returns both parties to single status to remarry.

In Texas, a divorce takes care of three issues:

  1. Children – it gives both spouses the right to determine the future care and conservatorship of their children,
  2. Property and Debts divide property and debts in a “just and right manner.”
  3. Divorce – Once the Divorce is final, either is free to marry someone new.

What is a “no-fault Divorce?

A majority of states have at least one form of “no-fault” grounds for Divorce. Texas is no exception and allows people to plead for Divorce on “no-fault” grounds. This means a spouse can file for Divorce because the marriage has become insupportable.

When pleading “no-fault” in a Texas divorce, you need to know that a divorce will be granted without either spouse having to allege or prove marital fault or guilt.

What are the fault grounds in Divorce?

A divorce in Texas can be granted without having to prove fault. However, it is still possible to plead guilt under Section 6 of the Texas Family Code, such as:

  1. living apart
  2. confinement in a mental hospital
  3. cruelty
  4. Abandonment
  5. Conviction of a felony and
  6. adultery

Who is the Petitioner in a Divorce in Texas?

The Petitioner is the term used for the spouse who starts the case by filing an Original Petition for Divorce.

Who is the Respondent in a Divorce in Texas?

The Petitioner in a divorce is the spouse who starts the case by filing an Original Petition for Divorce. The other spouse is called a Respondent because they can respond to the Original Petition for Divorce by filing an answer.

What is an Original Petition for Divorce in Texas?

A divorce is started in Texas by filing an Original Pe