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Divorce, Family Law

How to file for divorce in Texas?

Posted by admin on January 17, 2018

How to file for Divorce In Cedar Park?

Steps to file Divorce In Cedar Park:

  1. Filing of Petition for Divorce: This must be done with the District Clerk in the County where you reside.
  2. Service: Legally inform your spouse that you’re seeking a Divorce, also commonly referred to as “Being Served”.
  3. Temporary Order Hearings: The court will determine certain rules to be followed during the divorce such as: which spouse stays in the family home, custody, child support, payment of bills, etc.
  4. Discovery: The couple must submit a complete inventory of all personal belongings and documents to discover the full extent of the marital assets, children, investments, etc. At this stage, an attorney can start can begin assessing which would be the best method to divide wealth and responsibility.
  5. Mediation-Settlement: In Travis and Williamson County, the court requires for both parties to attend mediation to see if a common ground can be found to finalize the marriage.
  6. Trail: If an agreement between the spouses cant be reached, the case will need to be decided by a Jury or Judge.
  7. Prove Up & Closing Documents: Once all parties agree on the Divorce terms, one of the spouses must go to court and “Prove Up” the documents. Once the divorce is finalized, closing documents must be prepared like Qualified Domestic  Relation Orders or  QDRO’s.

Other considerations:

  • In order to obtain a divorce in Cedar Park, Texas, one or both spouses need to have been a resident for a minimum of six months. They must also have resided in the county where the filing is taking place, for the last 90 days. In order to file for a non-resident, the last marital residence needs to be located in Texas. The filing must also happen before two years have passed from when the spouses stopped living in the marital residence.
  • If one spouse has lived in Texas for the last six months and the other spouse elsewhere, the non-Texas spouse can still file in the county where the spouse residing in Texas lives.
  • A divorce cannot be completed if the wife is pregnant. Even if the baby does not belong to the husband, it cannot be finalized. You will need to file after the baby is born.
  • Filing takes place at the county district court where any Texas resident lives. The person doing the filing must also serve notice to the other spouse. If the other spouse does not answer the notice within 21 days, the case will go to default and it is possible for it to be finalized without an answer from the other spouse.
  • After the filing takes place, you will usually undergo a 60 day waiting period before the case is finalized. However, this waiting period isn’t applied if domestic violence is involved.

Dissolution of marriage in Texas has seven grounds and most are fault-based. Insupportability is the one no-fault grounds and is often used. Other grounds include cruelty, adultery, abandonment, living apart for at least three years and one spouse being confined to a mental institution for at least three years.

If you need to file for a divorce in the state of Texas, consult Jackson Law Firm to find out more about your options and get professional legal advice for your specific situation.

For more information on how to file for a divorce in Cedar Park contact today one of our lawyers.

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