Texas Divorce Steps

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A divorce is described as a legal separation from the partner acquired by putting an end to the marriage. There are many types of divorce that are available in the state of Texas. But, it is necessary to ensure that the residency requirements are fulfilled before filing a petition for dissolution of marriage. In Texas, these requirements can be completed with the stay of six months in the state and residence of at least three months in the county where a petitioner wishes to apply for a divorce. These conditions are to be fulfilled by any one of the parties that are involved in that particular divorce case. Here, is a short account of Texas divorce steps.

A brief summary of Texas Divorce Steps

  • If the divorcing partners cannot decide amongst themselves how to divide the property or if they have the minor children, then such partners must hire the services of a lawyer
  • The Petitioner must complete an "Original Petition for Divorce" and file it with the county clerk
  • The Petitioner must serve a copy of the petition to the Respondent. There are various options open for this service. A petitioner can choose the alternative that is suitable for him or her
  • The divorcing partners and their lawyers must discuss and try to finalize all the divorce topics in conflict
  • On the date and time of the hearing, the Petitioner must remain present in court along with all the relevant documents in order
  • If all divorce topics have been resolved, filing the papers and obtaining the signature of the judge is simply a matter of minutes
  • However, if the divorce topics are in dispute then the lawyer might require more than one court date to finalize the divorce. In such case, trials are observed by the court where evidences and witnesses are presented to prove the faults mentioned in the divorce complaint

Texas Divorce Steps when the Petitioner is imprisoned

  • The forms that need to be filed depend on several conditions like the following:
    • Whether residency in this state has been established?
    • Whether the divorce is a contested one?
    • Is any bankruptcy pending?
    • Are any children involved in the case?

    The essential forms can be obtained online at texaslawhelp.org

  • A power of attorney must be granted. This requires a notarized signing. This is executed at the institute through the law library. For such a notary service, the Petitioner must file a petition to the warden who is the authority of the prison
  • The Petitioner should not fill in a sworn declaration. If an inmate in jail desires to present his or her petition to a judge in court, such a declaration that is not sworn is compulsory, not a sworn one
  • The Petitioner must complete the necessary forms for service of process or service of citation. These forms can be procured free of cost at texaslawhlep.org. When the Petitioner completes these forms, it can be ensured that proper notice has been given to the Respondent
  • If the Petitioner files improper forms, this leads to starting the filing process all over again. Therefore, utmost care should be taken while filling and submitting the forms related to divorce. You can take legal help at any stage if you find the legal provisions difficult to understand
  • If the inmate of the prison desires to appear personally in the court, he or she must petition the presiding judge. This judge may issue a warrant to appear before the court. However, at times, such a petition is denied. Then, the inmate's only voice in court is the person with power of attorney along with the formal declaration

Divorce Steps in the absence of a lawyer

  • The divorcing partners must discuss with each other the divorce issues like:
    • Primary custody of the children
    • Who would get the residence?
    • Schedule of visitation
    • Child support
    • Alimony

    They must write down all the points they have agreed upon and ascertain that they have understood it

  • The divorcing partners must open websites that sell divorce kits that have forms and instructions. As per the instructions in the kit, they must fill the forms. But, before approaching any information on any website, make sure that the website is an authorized one. Alternately, they can take the help of paralegals to fill the divorce forms
  • After the Petitioner files the Original Petition for Divorce, the next divorce step is to serve the petition to the Respondent through a private process server or a constable or a Sheriff
  • The Petitioner must fill the Final Decree of Divorce which comprises the details of the agreement regarding the divorce issues. Both the divorcing partners must sign this document

Texas divorce steps are to be followed in each and every divorce case without fail. Skipping a step or two, may make the process of divorce complicated and difficult.

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