Filing for Divorce in Texas

Filing for Divorce in Texas

Divorce Attorney in Richmond & Sugar Land, TX

In order to file for divorce in the state of Texas, one party must have lived in the state for at least six months and the petitioner must be a resident of the county in which the divorce will be filed for at least three months. The Law Firm of Lester Van Slyke, Jr. knows the ins and outs of filing for divorce and has the experience to make the process as smooth as possible. We are proud to serve Richmond and Sugar Land, TX and surrounding communities.

If you so choose, you can file for a “no-fault” divorce in the event that you feel neither spouse is solely responsible for the dissolution of your marriage. Actions that qualify as fault grounds in Texas include adultery, cruelty, incarceration for more than a year or internment time spent in a mental hospital for at least three years. Fault grounds are taken into consideration when it comes time to divide your assets.

The Divorce Procedure

If you so choose, you can file for a “no-fault” divorce in the event that you feel neither spouse is solely responsible for the dissolution of your marriage. Actions that qualify as fault grounds in Texas include adultery, cruelty, incarceration for more than a year or internment time spent in a mental hospital for at least three years. Fault grounds are taken into consideration when it comes time to divide your assets

It may be necessary for you and your divorce lawyer to ask for a temporary restraining order that will prevent your spouse from attempting to hide assets or take the children. If you do not require a restraining order, your spouse will be given 20 days to respond to your petition in what is called an “Answer.” It will be at this time that the court will consider temporary child visitation, custody and support. The temporary use of property, debt, spousal maintenance and payment of legal bills will also be determined at this point.

When the divorce isn’t amicable and the parties are not cooperating, your lawyer will engage in what is called “discovery,” which is when both parties exchange pertinent information with one another. You, your spouse and both of your lawyers will finalize the details of the divorce and then an Agreed Decree of Divorce will be officially filed to outline the decisions. Eventually, both spouses, both attorneys and the judge will sign this document.

If you and your spouse cannot agree to all terms, the court will set a date to try your case. However, you will be required to try to settle your differences in mediation before your court date. If a mutual agreement is not reached during mediation, you and your spouse will meet in court. At the end of the proceedings, one of the attorneys will file a Final Decree of Divorce. Everything that is decided in court will be recorded on this document, and the judge will sign it after the proceedings are over.

Contact the Law Firm of Lester Van Slyke, Jr. today to schedule a consultation!