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The process of filing for a divorce can leave one both in financial and emotional disarray; however, with the right information and following the necessary proceedings, you can have a less stressful experience. Here, you will find basic things you should remember before considering filing for a divorce in Texas.
1. Prepare Yourself Financially
Before filing for a divorce in texas, it is in your best interest to protect yourself financially as much as possible. You should freeze all joint accounts, establish individual accounts, and terminate access to sensitive financial information. Additionally, you might have to prepare a separate living space during the divorce process. Finally, several fees are required to go through the process. All in all, it’s in your best interest to make sure you’re financially capable of this proceeding.
2. Satisfy Residency Requirements
Before you can be eligible to file for a divorce in Texas, you or your partner must have resided in the state for at least 60 days before the filing. Additionally, either of you must have lived in the country for at least 90 days before filing for divorce in Texas. However, there are exceptions to this rule, particularly in cases where one party is residing outside the country, e.g., under military service. Understanding the residency requirements before proceeding with the divorce process is best.
3. Follow the Necessary Filing Process
Once the residency requirement is satisfied, the first step to begin the process is to file an original petition for divorce at the county court. During the petition process, the petitioner (party filing for the divorce) may make your custody and visitation wish known to the court. It should be noted, however, that the respondent (the partner receiving the divorce proposal) would also be allowed to do the same. Once your petition has been processed and accepted by the court, your spouse will be officially handed the petition. Note it is of utmost importance that they are passed the petition officially, e.g., through an attorney or sheriff’s office, for it to be considered “served.”
4. Make the Most of the Waiting Period
Having your petition served to your partner is the first step in filing for divorce in texas. Once the necessary paperwork has been handed to the other party, there is a 60-day waiting period from the time of filing till your divorce is finalized. During this waiting period, you and your partner may meet with a divorce attorney to discuss important settlement issues. In cases where you can’t seem to agree, you will need to attend hearings, and the court will decide vital matters for you.
Regardless of the reason for your separation, it will be best to have such a critical discussion with the attendance of an experienced divorce attorney to hire an experienced divorce attorney to guide you through the process.