Divorce Process In Texas: Basic Steps To File For Divorce

Published May 29, 2024

Marriages fail for a variety of reasons. While going through separation is hard, getting a divorce opens up a variety of opportunities for healing, moving on, and making your life far better than it was.

Texas divorce process is unique, just like every state there is. In this article, we’ll discuss everything you need to know about divorce in Texas. This guide is particularly helpful if you’re residing on it so you get your facts straight. It will make up for an easier separation process. Let’s begin.

Types of Divorce in Texas

Texas Fault vs. No-Fault Divorce

Texas divorce does not demand blame or fault for the divorce. No fault separation can be achieved when the union is insupportable. It is defined when there is discord or conflict and no expectation of reconciliation. This is the most straightforward reason to seek a divorce; no proof is needed.

It is also possible to seek a fault divorce by affirming fault with one of the following:

• Cruelty. One party is guilty of cruel treatment such that cohabitation becomes unbearable.
• Adultery. One spouse cheats on the other.
• Conviction of a felony. One party is sentenced to a felony, imprisoned for at least one year, and not absolved.
• Abandonment. One spouse abandoned the other with clear intent of abandonment and has been missing for at least one year.
• Living apart. The spouses lived seperately for three years without cohabitation.
• Confinement in a mental hospital. One spouse has been restrained in a mental institution for at least three years. There are no signs of recovery or likely to recover and then relapse.

Contested vs. Uncontested Divorce in Texas

Divorce in Texas can be classified as contested or uncontested. A contested separation is one in which parties cannot see eye to eye on at least one issue in the divorce. Because they cannot arrive at a settlement, you must go to trial and let the judge manage how to resolve such issues.

An uncontested divorce occurs in one of two cases.

1. The petitioner files for divorce, and the respondent never respond or attends court. The petitioner then asks the court for what they want, and the court makes a decision based on the data the petitioner provides.
2. The spouses concur on all the issues in the divorce and file a settlement with the court, which becomes the judgment of the separation.

How to File for Divorce in Texas

1. Filing the petition

One of the spouses must file a petition with the court. It is called the “Original Petition for Divorce. This petition will essentially begin the divorce process. The appropriate jurisdiction where it must be filed will dampen the length of the parties’ residence. After the petition is filed, the court clerk will designate a case number.

2. Legal notice

A legal notice in the divorce process is a formal communication. It informs the recipient of the sender’s intent to initiate the divorce proceedings. It serves as a preliminary step. It gives an avenue to resolve issues amicably before moving to court.

3. The hearing

A petition for divorce generally calls for at least one hearing to make a final decision on all issues in the separation. During this hearing, the parties present evidence to the court on their behalf.

Yet, if the separation is uncontested and the parties have already come to a settlement on all of the issues, the in filing party may not need to make attendance at the hearing.

4. The final decree

The final divorce decree is signed once the issues are all decided upon. Arriving at this stage can take months or very little time if the situation is amicable.

It’s important to know that many states have a waiting period before signing the divorce decree. The cooling-off period in Texas is 60 days.

Texas Division of Property

Division of property tackles how the pirates will split up their assets. Most Texas divorces will adhere to the community property rule, but some exceptions exist.

1. Community Property

Community property means that marital property is divided evenly between the spouses. It is the standard in the state of division of property. In Texas, any asset obtained during the union is presumed to be community property, it is even if the asset was only in one party’s name.

2. Separate Property

To be acknowledge separate property, the asset must attain one of the following requirements:

• Owned by one spouse before the marriage
• Obtained by one spouse during the marriage by gift or inheritance
• Recovered by one spouse for personal injuries had during the union

If the assets are defined as separate property, they they will not be subject to the equal division rules set for community property.

Texas Support and Child Custody

Child support and child custody are critical aspects of family law in Texas. It is mainly during divorce proceedings.

Child Custody in Texas

Types of Custody

1. Joint Managing Conservatorship (JMC)

• Both parents share the rights and duties associated to the child’s upbringing.
• This involves decision-making on education, medical care, and religious upbringing.
• One parent is typically labeled as the primary conservator, meaning the child lives primarily with them.

2. Sole Managing Conservatorship (SMC)

• One parent has the exclusive right to make significant decisions regarding the child’s life.
• The other parent may granted restricted or supervised visitation rights.

Factors Considered by Courts

• Best Interests of the Child: The paramount consideration in deciding custody arrangements.
• Parental Capabilities: Each parent’s ability to provide for the child’s physical and emotional needs.
• Stability: Each parent’s stability, including their home environment and employment status.
• Child’s Wishes: Their preferences may be determined depending on their age and maturity.
• History of Abuse or Neglect: Any evidence of family violence, abuse, or neglect can heavily influence custody decisions.

Calculating Child Support

Income-Based Formula: Texas uses a percentage of the non-custodial parent’s net income to calculate child support obligations.

• One child: 20% of net resources
• Two children: 25% of net resources
• Three children: 30% of net resources
• Four children: 35% of net resources
• Five or more children: 40% of net resources