Here are some general steps and considerations to keep in mind if you’ve decided to get a divorce.
Filing for Divorce
- Create a Petition for Divorce: The process begins with an original petition for divorce. You can find forms online or consult with an attorney. File this petition with the district clerk’s office.
- Electronic Filing: Due to current restrictions, it’s often best to use electronic e-filing systems from home. Check with your county clerk’s office for specific procedures.
Choosing the Right District Clerk
- Residency Requirements: You must have lived in your county for at least three months and in the state for six months. If you’ve recently moved, you can file in your previous county or where the marital residence was located for at least three months.
- Service or Waiver: Request service through the district clerk when filing your petition, or get a waiver signed by the other party.
60-Day Waiting Period
- Cooling-Off Period: After filing, there’s a mandatory 60-day waiting period. This allows time to reconsider the decision.
- Non-Suit Option: If you decide against the divorce, you can file a notice of non-suit to halt the process.
Mediation and Settlement
- Mediation Requirement: Courts usually require mediation before a contested trial. A neutral mediator helps both parties reach an agreement.
- Binding Agreements: Mediation agreements are binding and difficult to overturn, except in cases of domestic violence or coercion.
Domestic Violence Considerations
- Waiving the Waiting Period: In cases of domestic violence, the court may waive the 60-day waiting period. A protective order might be required.
Agreed Final Decree
- Uncontested Divorce: If both parties agree on all terms, including property and child-related issues, you can submit an agreed final decree of divorce.
- Court Procedures: Each court has different procedures during COVID-19, including virtual hearings or affidavits. Check with your court for specific requirements.
Finalizing the Divorce
- Final Decree: Ensure all agreements are included in the final decree. This document should address property division, debts, child support, and health insurance.
- Court Submission: Follow your court’s guidelines for submitting the final decree. Some courts may allow online submissions, while others require in-person or virtual hearings.
Complex Property Issues
- Consult an Attorney: If you have complicated property issues, such as separate property generating income, consult an attorney. This is especially important if you lack access to financial information.
At Boswell Law Firm, we offer a consultation to discuss your rights and see how we can help. Contact us at 832-919-6595. You can also message us on Facebook or email me at duana@boswelltexaslaw.com.
