Category: Process

How Long Until My Divorce Is Finalized in Texas

How Long Until My Divorce Is Finalized in Texas?

Does Texas have a waiting period for divorce? In Texas, a judge may not grant your final divorce until at least 60 days have passed after you filed the divorce petition. The only exceptions to this waiting period are in cases involving domestic violence, when the petitioner has an active family violence protective order against the respondent, or the respondent has been convicted of a a domestic violence crime against the petitioner or someone else in the household. (Tex. Fam. Code § 6.702 (2022).) Although your divorce will be final when the judge signs the divorce decree, neither you nor your spouse may marry someone else until another 31 days have passed. (Tex. Fam. Code § 6.801 (2022).) What is the divorce procedure in Texas? Filing for divorce in Texas involves several steps: Filing the divorce petition. One spouse (the “petitioner”) will file an Original Petition for Divorce and accompanying documents with the court clerk in the county where either spouse has lived for 90 days. Serving the divorce papers. The petitioner then must either have the divorce papers personally served on (hand-delivered to) the other spouse (the “respondent”) or have the respondent sign a waiver of service and simply accept the documents from the petitioner. The next steps in the Texas divorce process may depend on whether you’ve filed for an agreed divorce or a contested divorce. Answering the divorce petition. In a contested divorce, the respondent has 20 days to file an answer to the divorce petition. In an uncontested divorce, the respondent may either file an answer in that time or simply return the signed waiver of service. Standard temporary orders. Either spouse may ask the judge to issue standard temporary restraining orders, including orders meant to preserve the couple’s property during the divorce proceedings. Judges might

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What Are The Steps For Getting Divorced in Houston

What Are The Steps For Getting Divorced in Houston?

Divorce Procedure in Houston In order to divorce your spouse, there are many things you will need to do in order for Texas courts to grant you an official divorce. Most commonly. A Texas divorce will require you and your spouse completing the following steps: -First of all, one spouse, who will be identified as the petitioner, will file an Original Petition for Divorce with the court. The person most commonly has the papers served to the other spouse, who can be identified as the respondent. If this is a divorce where both partners wish to work together, this step can be avoided by the respondent waiving their rights to be served with the Original Petition for Divorce. Doing this will speed up the process and take away some of the initial legal paperwork. -Whenever the petitioner files the Original Petition for Divorce, they can speak to the courts and ask for a standard temporary restraining order to be issued in their divorce case. The point of this restraining order is to help both parties reach a fair settlement in their divorce. The restraining order can be used to ensure no assets are altered or disappear before they are divided, as well as legally require both parties work together in a civil manner with no threatening behaviors. -In divorce cases where there is not a Temporary Restraining Order issues, the respondent will have a 20 day period plus the next following Monday, in which they can file a document known as, “an Answer.” During this time, the court will also in some cases see it appropriate to place temporary orders. These temporary orders affect a wide range of issues in the divorce including temporary custody agreements, visitation, use of shared property, as well as financial orders. In some cases, these

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