Divorce, which is called dissolution of marriage in the legal system, is when a couple legally ends their marriage. The main matters that have to be settled in a divorce are splitting assets and debts, whether one spouse will receive spousal maintenance, and how children will be cared for, if there are any. It’s important to know how to file for divorce in Houston, TX.
How to File for Divorce in Houston
To file for divorce in Texas, the first step is to meet eligibility requirements. One spouse has to have been a Texas resident for the last six months and a resident in the county where they file divorce papers for the last three months.
Texas is a no-fault divorce state, which means there does not have to be a specific reason for divorce. Unlike many states, Texas also allows for fault-based divorce, where one spouse proves the other’s actions caused the divorce, such as abandonment.
The next step for most divorces in Texas is to hire a qualified divorce lawyer. Even when a divorce is not contentious, both spouses need legal representation to make sure their interests are protected in the agreement. A lawyer can prepare the divorce petition and file it with the court, which usually includes a filing fee. Then, the other spouse must be notified of the divorce, which is called service of process or, more commonly, serving papers.
Waiting Period
After filing the divorce petition, there is a 60-day waiting period to give both parties the opportunity to reach an agreement before the divorce is finalized. During this time, the divorce lawyer can help their client request temporary orders to address child support and custody, spousal maintenance, and how to handle shared property. Now is also the time for the discovery process, where spouses share pertinent information about their finances and needs.
The spouses’ attorneys can work with each other and their clients during this period to draft and negotiate an agreement about how to handle assets, debts, and spousal maintenance. Ideally, spouses can come to a mutual agreement with the help of their lawyers, but when that fails or is not an option, the spouses may be ordered to work with a mediator, or the final decision is made by a judge in family court through a trial.
Elements of a Divorce Settlement
Splitting assets and debts is called property division. Texas is a community property state. This means that any property that was obtained during the marriage can be divided up among both spouses. So, when spouses separate, marital property is split in a way that is “just and right.” However, this doesn’t always mean an even split. A fault-based divorce can mean one spouse receives a higher share of property.
Alimony is legally called spousal maintenance in Texas, although it is sometimes also called spousal support because it is money paid from one spouse to the other after separation. Similar to property division, the goal is to treat both spouses fairly. Spousal maintenance is not applicable in every divorce. Factors that influence spousal maintenance include:
- The income of each spouse
- Each spouse’s needs
- How long the couple had been married
- The standard of living in the household during the marriage
- The health and age of each spouse
Final Decree of Divorce
When a settlement is reached, whether through mutual agreement, mediation, or trial, the judge approves the divorce and issues a final decree of divorce, which legally ends the marriage. Then, each spouse is free to remarry and can legally change their name to reflect the divorce.
FAQs
Q: How Much Does It Cost to File for Divorce in Houston?
A: The filing fee for a divorce in Houston is generally $350, but there can be other costs for services associated with a divorce, including service of process through a process server or certified mail and fees for citations issued by the county clerk’s office. Professionals such as divorce lawyers, mediators, evaluators, accountants, and psychological assessors each have their own fees as well.
Q: How Do You Start a Divorce in Houston, Texas?
A: To start a divorce in Houston, Texas, most people need to hire a divorce lawyer who can gather information, verify the spouses’ eligibility for divorce, and prepare the paperwork. Then, the lawyer generally files the divorce petition at the Harris County District Clerk’s Office, either online or in person at 201 Caroline Street in Houston. If there are children from the marriage, additional paperwork has to be completed at this time.
Q: How Long Does It Take to Get a Divorce in Texas?
A: How long it takes to get a divorce in Texas depends on several factors, but the element that most influences the length of the process is how open both parties are to negotiation. An uncontested divorce may be completed quickly. Contentious divorces may need mediation, which can add a lot more time to the process, or even a full trial, which can add even more time due to busy court schedules.
Q: Is It Better to Be the One Who Filed for Divorce?
A: In Texas, being the one who filed for divorce does not lead to any additional advantages in regard to property division, spousal support, or other aspects of the final settlement. It does, however, mean having more time to prepare and more control over the timing of the divorce process and being able to present your side of the story first. The downside is that it also means being responsible for filing fees and any service or process costs.
Experienced Houston, TX Divorce Attorneys
Stange Law Firm only works on divorce and family law cases, so our divorce attorneys have deep knowledge of the laws and court procedures and can help you be prepared for your case, whether that means negotiating with opposing counsel, working with a mediator, or representing you in a trial at family court. Contact our offices today to schedule an initial consultation and take control of your rights and interests. Our legal team can help you explore your legal options.
