The Divorce Process

Wills, Trusts, Special Needs

Understanding The Texas Divorce Process

Counsel from a Houston Lawyer

While the divorce process looks different for everybody, there are certain legal principles that apply to all cases. The Law Office of Bryan Fagan, PLLC can take the general rules of Texas divorce and relate them to your unique divorce situation to make sure you get a legal and sound Texas divorce.

Preliminary Qualifications

Prior to divorce, it is important to confirm that you or your spouse has resided continuously in Texas for 6 months prior to the filing. The state will not allow you to file unless you meet this requirement. Also, spouses must have been in the county where he or she chooses to file for a continuous 90 days prior to filing.

Filing the Divorce Papers

Your first step in the divorce process is to file a petition for divorce in the Texas family law court of your choosing. The person who files this document will be known as the petitioner. The spouse who does not file and receives notice of the filing is known as the respondent.

After the papers have been filed, you are required to serve your spouse a notice of the divorce. Normally, a police officer or a court official serves these documents; however, you do have the option of asking another individual to do this for you.

Opting for a Fast Track Divorce

There is a very quick way to get a divorce in Texas. The state allows some couples who are on good terms and agree with the statements in the divorce decree to complete the divorce process in 60 days. In this case, the spouses create a divorce agreement together with designated, agreed-upon terms. They must wait 60 days to file. If the judge accepts the plans in the divorce decree, the divorce will be granted.

Contentious Divorces

Unfortunately, many spouses are not on good terms and cannot opt for the fast track approach to divorce. Instead, our attorneys can help you work through your divorce, from serving the papers all the way to the final divorce decree. The respondent spouse has the right to file a counter-petition with different terms if he or she does not agree with the way that the spouse wrote the terms of the divorce.

After the petitions have been filed, attorney and client can discuss all the different terms of divorce in detail. You will need to gather all financial documents and other relative documents for property division.

In addition, you will need to decide on:

In some cases, spouses can agree on these things with the help of their attorneys, resulting in a settlement. The Law Office of Bryan Fagan, PLLC isn’t afraid to go to court with you if you and your spouse cannot agree.

The Declaration of Divorce

After all terms have been decided upon by the spouses or the court, the judge will declare the dissolution of marriage and the marriage contract will be void. At this point, spouses no longer have to fulfill marital responsibilities. The court will regulate any child custody, child support, spousal support or visitation requirements that are a result of the divorce.

Every family law matter is different, which is why you should get an attorney who customizes all cases. The Law Office of Bryan Fagan, PLLC can provide you with high-quality legal service in Houston, Texas. Call today to get a Houston attorney on your side.

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