Divorce is a difficult decision for many couples to face. At the end of the day, much of the divorce process is about facing reality. You need to own your decision to stay together (or not). If you’re thinking about getting a divorce and want to know what happens next, there are a few things to consider.
A divorce is really three lawsuits involving the divorce, property and debts, and children. If you have made up your mind and decide to divorce, it’s best to have a plan before you start the divorce process. From our team of Bryan, Texas divorce lawyers at C.E. Borman, here’s the how-to on Texas divorce in two simple steps.
Step 1: Prepare an assessment of your overall situation – income, expenses, housing, children
In the beginning, you will have more questions than answers. In a lot of ways, marriage is a business partnership, but with much more at stake. Unless there is a prenuptial agreement dividing up assets and debts, divorce can be expensive and convoluted.
And then there are the children.
Should you stay together for the children’s sake? This is a huge question that most parents who are considering a separation ask themselves — and each other. Research on “staying together for the children” suggests that children actually do better after separation from a high-conflict marriage.
If you have older children, consider talking with them in advance of making big changes. Keeping your “children-first” policy both in your own parenting and in working with your children’s other parent is very important to the divorce process.
Before you even begin the divorce process, take some time to think about all these elements of the life you’ve created with your spouse and think about what you’re hoping will happen once you finalize the divorce.
Here are some logistical things to keep in mind:
- To file for divorce in Texas, at least one spouse must have lived in the state for the preceding six months and in the county where the divorce is filed for the preceding 90 days.
- Texas allows for “no-fault” divorces, meaning you don’t need to prove that your spouse did something wrong. The most common ground is “insupportability,” which simply means there are irreconcilable differences that have led to the breakdown of the marriage.
Step 2: Get in touch with an experienced divorce attorney
Before your initial consultation with a divorce attorney, you should have some ideas of what the process will be like in your specific case and have a basic understanding of the different kinds of divorce – uncontested divorce vs. contested divorce.
It’s important to understand that you will be actively involved in the divorce process. This is not a situation where you can drop off your paperwork and then never think about it again. It’s your life that is being transformed and you will be involved in every step of your divorce case.
Therefore, it is important that you be totally honest with the attorney from the start and respond timely with requests for documents and information. Being truthful with your lawyer will help you avoid problems and ultimately save time and money.
Once you’re with your attorney, give them a sense of what you’re hoping for in terms of expenses and property, as well as the situation with your children, for the outcome of the divorce. Then, you’ll be able to work together to work through the details and come up with a plan.
Step 3: Start the divorce process
Now that you’ve worked out many of the details with your attorney, you’re ready to get the divorce process started.
Here’s what that looks like in Texas:
- Prepare the Necessary Forms:
Obtain the necessary divorce forms. Texas provides these forms through the Texas Law Help website or the district court in your county. The key forms include the Petition for Divorce, Waiver of Service, and Final Decree of Divorce. - Filling Out the Forms:
Complete the forms accurately and thoroughly. Include details about property, debts, and any children from the marriage. Be sure to sign the documents in front of a notary public. - Filing the Forms:
File the completed forms with the clerk of the district court in the county where you or your spouse meets the residency requirements. You’ll need to pay a filing fee unless you qualify for a fee waiver based on financial hardship. - Serving the Spouse (or Waiving Service):
Typically, the other spouse must be served with a copy of the divorce papers. However, in an uncontested divorce, the spouse can sign a Waiver of Service, acknowledging receipt of the papers. - Waiting Period:
Texas imposes a 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized. This waiting period allows for reconciliation or negotiation of terms. - Negotiating Agreements:
If there are unresolved issues such as property division, spousal support, or child custody, work with your spouse to reach agreements. The more you can agree on, the smoother the process will be. - Finalizing the Divorce:
Once the waiting period has passed, submit the Final Decree of Divorce to the court. If the judge approves the decree, they will sign it, and the divorce will be final.
Your divorce attorney is your best resource
The attorney-client privilege applies to the first consultation and beyond, so you can feel safe sharing your concerns from the start.
Never assume that an asset is protected or that you do not need to disclose information to your attorney. Share everything and your attorney will help you determine the best steps to take.
After the consultation, you should have a good idea about the issues in your divorce case, what the divorce process involves, and a general idea of what it will cost in your case.
A good divorce attorney has years of experience successfully helping people move past divorce to a happier, healthier life. Keeping them in the loop is your best way to achieve the same outcome.
Contact C.E. Borman Today
No matter if you are ready to file for divorce today or if you are not sure, you can take your time and talk to an attorney and get a game plan in place that works best for you and your situation.
Our attorneys at C.E. Borman can help you make important decisions about divorce and child custody as well as help with negotiating a fair settlement. Call for an appointment today. We look forward to helping you.
