Original Petition for Divorce in Texas. A Detailed Guide

 

So you have decided that you are ready to proceed with your divorce and you may be wondering what is the first thing you need to file.  In this article, we will go over what the Original Petition for divorce in Texas is and what it includes.

You might be wondering:

• “What is an original petition for divorce?”
• “How do I start without feeling overwhelmed?”

You’re not alone.

This post is your guide through Texas’ complex family law system.

From residency requirements to child custody, support, grounds for divorce, and property division — it’s all here.

By the end, you’ll know exactly what steps to take on your path toward closure.

Buckle up! The road may be winding, but every journey begins with a single step.

Starting the Journey: The Original Petition for Divorce in Texas

So, picture this: you’re about to dive into the world of divorce proceedings in Texas, and it all starts with filing an “original petition for divorce.”

Think of it as your entry ticket into the family court adventure.

But, hold up!

Filing this paperwork isn’t as simple as filling out a grocery list.

It requires some precision and care because even a small hiccup can cause delays.

Divorce Process in Texas: A Quick Overview

Now, let’s talk about the journey itself:

• Residency Requirements and Waiting Periods: There are specific rules about where to file and waiting times. Following these rules ensures a smoother ride.
  • For instance, either you to your spouse must have lived in the state of Texas for the past 6 months and lived in the County you are filing the divorce for at least 90 days.

(Here is how the Residency Requirement may be conveyed on the Texas Original Petition – The image below is from a sample Pleading)

 

• Contested vs Uncontested Divorces: Understanding the difference is key. An agreed divorce often progresses faster.
• Timeline: In any case type, a 60-day period must pass from filing paperwork until your divorce is legally finalized.

Grounds for Divorce in Texas: Simplified

When divorcing in Texas, you must have a valid reason, referred to as the “grounds” for divorce.

Texas recognizes both fault and no-fault grounds:

• No-Fault Grounds: Implies that neither spouse is to blame for ending the marriage relationship. Most common basis: ‘incompatibility,’ indicating that the couple can no longer coexist.

• Fault-Based Grounds: Include reasons such as cruelty, adultery, abandonment (for at least one year), long-term incarceration (over one year), confinement in a mental hospital, or living apart without cohabitation for three years.

(Here is how the language for a No-Fault Divorce may appear on the Divorce Petition – The image below is from a sample Pleading)

 

 

Child Custody and Support in Texas

Navigating child custody during divorce can be challenging, especially in Texas.

Here’s a concise breakdown of what you may need to include in the petition divorce paper:

• Best Interests Standard: Texas courts prioritize the best interests of the child in custody decisions. Evaluation includes each parent’s ability to meet the child’s emotional and financial needs.

• Parenting Plan: Parents may need to create a plan outlining post-divorce responsibilities for the child, aligning with the court’s vision of the child’s best interests.

• Child Support Calculations: Determining child support involves factors like income levels and childcare costs.

Alimony and Spousal Support: What to Know in Texas Divorce

In Texas divorce cases, spousal support, or alimony, isn’t a given.

Take into account these factors:

• Alimony isn’t automatically granted in Texas divorces.

• Aspects like the length of the marriage and each spouse’s earning capacity are considered.

• Alimony may be granted by the court if deemed necessary for the post-divorce upkeep of either party.

For a deeper understanding of how courts determine spousal support in Texas, explore more details here.

Protective Orders: Safeguarding Your Rights in Texas Divorce Cases

In the midst of a divorce, ensuring safety is paramount.

A protective order, commonly known as a restraining order, establishes legal boundaries between spouses:

• Scope: Extends beyond physical safety to encompass threats and harassment.

• Legal Consequences: Breaking a protective order can lead to criminal penalties.

It’s important to note that protective orders are temporary measures, and more permanent solutions should be pursued during the divorce case.

Resolving Military Issues in Texas Divorce Cases

Military involvement adds complexity to divorce in Texas:

• Legal Protections: Active-duty military members are protected by the Soldiers and Sailors Civil Relief Act (SSCRA) to prevent being held in “default” for not responding to a divorce action.

• Serving Papers: Rules for serving divorce papers to an active-duty spouse vary; special considerations apply.

A Texas military divorce attorney is crucial for navigating these complexities and ensuring compliance with specific laws.

Essential Considerations for Your Texas Divorce

Divorcing in Texas involves more than just paperwork. Consider details like:

• Health Insurance
• Driver’s License Number
• Social Security Details

In addition,

Free printable divorce papers may seem straightforward but often contain legal complexities.

Your legal representative can guide you through the process.

Note: Resources are available for discovery-level assistance if needed.

Understanding Texas Family Law

If you’re getting a divorce in Texas, it’s imperative to grasp the basics:

• Rules of Civil Procedure
• Texas Family Code
• Legal Resources

Consult with experienced family law professionals for tailored advice.

With a solid understanding of Texas family law and access to legal resources, you can approach your divorce with more confidence and clarity.

FAQs in Relation to Original Petition for Divorce in Texas

What is the original petition for divorce in Texas?

The original petition for divorce in Texas is a crucial document that initiates the divorce process. It outlines reasons for ending the marriage and key details like custody arrangements.

What happens after filing a petition for divorce in Texas?

Following filing, there’s a mandatory 60-day waiting period before the divorce can be finalized. This time allows both parties to discuss and resolve issues like property division or child support.

What forms are required for filing divorce in Texas?

To begin divorce proceedings, you’ll need the Original Petition of Divorce form, and additional forms may be necessary based on factors such as children or joint assets.

How long does an uncontested divorce take in Texas?

An uncontested divorce in Texas takes a minimum of 61 days from filing due to mandatory wait times.  This cooling off period is required before a Final Decree of Divorce can be entered.  However, the process might extend if complexities arise.

Empowered on Your Divorce Journey in Texas

Embarking on the journey of the original petition for divorce in Texas may have seemed complex initially.

But, armed with newfound knowledge, you now have a clearer path forward.

Key Learnings:

• Explored Texas’ residency requirements and waiting periods.

• Understood the distinctions between contested and uncontested divorces.

• Delved into crucial topics like child custody, support, alimony, and military considerations in divorce cases.

• Reviewed the grounds for filing a divorce in Texas.

• Examined crucial factors such as health insurance during the divorce process.

While Texas family law may appear intricate, always remember: assistance is available when needed.

Stay informed, empowered, and confidently stride toward closure on your journey.

Contact Warren & Migliaccio for Experienced Family Law Assistance in Texas

If you need assistance with your divorce case in Texas, don’t hesitate to contact Warren & Migliaccio. Our experienced family law attorneys can guide you through the process and provide you with tailored advice to help you achieve the best possible outcome. Contact us today or to schedule a consultation. We’re here to help you navigate the maze of divorce proceedings in Texas.