The divorce process in Texas involves several key steps, whether it is an agreed or contested divorce. An “agreed” divorce occurs when the spouses are in accord on all issues, including custody, visitation, and property division. Conversely, a contested divorce arises when the spouses do not agree on these matters, making the process more complex.
The first step in the Texas divorce process is the filing of the “Original Petition for Divorce” by one of the parties. This legal document initiates the divorce case and designates the filing party as the petitioner and the other spouse as the respondent. To file for divorce in Texas, at least one spouse must have been a resident of the state for six months and a resident of the county where the petition is filed for 90 days. After the petition is filed, the respondent must be served with a copy of the petition and given an opportunity to respond. If the divorce is uncontested, meaning the spouses are in agreement on all issues, the Respondent may sign a Waiver of Citation forgoing the need to serve the Respondent. If a divorce is uncontested, the Petitioner’s attorney will prepare the Final Decree of Divorce which set’s out the parities agreement. Both parties will sign this agreement. A court appearance, known as a prove-up, is required in most counties to finalize the divorce.
However, if the divorce is contested, it may involve one or many court hearings and possibly a trial to resolve the disputed issues. The divorce process also encompasses the potential need for temporary court orders, such as those related to child custody, support, or spousal maintenance, which may be requested during the pendency of the divorce. Additionally, there is a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized in Texas. In terms of cost, the average total expense for a divorce in Texas ranges from $4,000 to $7,000, with uncontested divorces generally being less expensive than contested ones. The duration of the process can vary, but it typically takes six months to a year to obtain a final divorce decree. In conclusion, the divorce process in Texas involves specific legal requirements and steps, whether it is an agreed or contested divorce. Understanding these steps and seeking legal guidance can help navigate this challenging process effectively.
