What Steps Should I Take to Initiate a Divorce Proceeding?

Ending a romantic relationship is emotionally taxing enough, but dissolving your marriage adds legal complications to the mix. Not knowing where to start is natural as you contemplate such a life-altering decision. From finding suitable legal representation out of the pool of Houston divorce lawyers to serving your spouse papers, here are the first logistical steps you need to take.

Research Houston Divorce Lawyers

Most divorces are uncontested, with couples willing to work together on mutually agreeable settlements. Even if that's your case, consulting with a family law attorney before taking legal action is wise. Texas divorce laws can be complex, especially when splitting assets, and an experienced lawyer can advocate for your rights while helping you make informed decisions.

File the Petition

The first step is filing an Original Petition for Divorce with your county's district court. This form can also be found and completed online through the state's e-file service. The document will outline basic information about your marriage, children, and the grounds for divorce.

Texas allows both at-fault and no-fault reasons for ending your marriage. If you choose the former, you can cite the grounds as "insupportability:" a legal term to say that your marriage cannot be repaired, and neither spouse has done anything wrong.

Where to File?

In Texas, you must file the petition in the county where you or the other party resided for at least 90 days. Either of you must have lived in the state for six months. If you or your spouse are Houston residents, you will file with the Harris County District Court.

Serve the Papers

Once you've filed your petition, state law demands you formally notify your spouse. When served, they must receive a copy of the divorce petition and a citation informing them of their rights and obligations, including a legal response deadline.

Most divorces are "uncontested," meaning both parties agree to the marriage's dissolution. However, the legal process can be more challenging if your divorce is "contested," with one spouse opposing the proceedings. Find out more about your options in this case.

Can I Serve My Spouse in Person?

The state allows several third-party methods of serving divorce papers, including process servers, county clerks, or certified mail. You can skip this step only if your spouse agrees to fill in the Respondent Original Answer form or sign a Waiver of Service Only in front of a notary public.

Wait for the Legally Required Period

Under Texas law, you need to wait 60 days from your filing date before the court can rule on your case. If you and your spouse agree on issues like property division and child custody during this time, the divorce can be finalized as soon as the 60 days pass.

What Are Temporary Orders?

Waiting almost two months isn't always feasible. You might need to ask the court to issue Temporary Orders on pressing matters such as child support, custody arrangements, or who can live in the marital home during proceedings.

While getting a divorce is not easy, starting the process is relatively straightforward under Texas law. Understanding the procedures and seeking advice from a family law attorney can make this difficult transition smoother.