To file for and obtain a divorce in Texas, a person must be a Texas resident for at least six months and a county resident for the past 90 days. Jurisdiction over the other party must be obtained by either serving them legal process within Texas or securing their voluntary consent to jurisdiction in Texas. If a spouse's whereabouts are unknown, he or she may be served by publishing a notice in a local area newspaper. A respondent in a divorce matter may be deemed to have submitted to jurisdiction in Texas if he or she engaged in sexual relations in the state, resulting in the conception of a child, or otherwise has sufficient contacts with the state. The venue for the divorce action is in the county where either one of the parties resides. Please download our Divorce Checklist and call us for a divorce consultation today.
A divorce is commenced when a party files a petition. A petition must contain specific statutory language and include information about any children of the marriage. A filing fee must be paid at the time of filing the petition. The fault of either party need not be proved in order to obtain a divorce. All that is necessary is to show that the parties are incompatible. The fault of a spouse leading to the breakdown of a marriage (such as infidelity, abuse, or substance abuse problems) may be relevant to a divorce action impacting child custody and final property division. An overview of the divorce process can be found at this link: Overview of A Texas Divorce.
In order for the respondent in a divorce case to be brought within the jurisdiction of the district courts of Texas, that person must be served with copies of the petition, temporary orders, and a summons requiring them to file a responsive pleading within a certain time period. This is usually done by the county sheriff or an authorized process server. The service cannot be made by one party serving the other. The respondent may voluntarily consent to the jurisdiction of the court and waive service of process. This is usually accomplished by the respondent signing a form that is filed with the court. Once a respondent is served or has entered his or her appearance, the temporary orders take effect.
A successful family law case often begins with an assertive offense and/or defense, and you need a lawyer capable of being aggressive when and as necessary. Our Dallas divorce attorneys have represented clients in hundreds of cases, from simple undisputed divorces to the most complex and challenging matters. They have successfully taken numerous cases to trial and have reached settlements favorable to our clients in scores more cases. Our success is due to our attorneys' dedication to our client's and fierce advocacy for our client's rights and interests. Our Dallas divorce lawyers will not allow you to be taken advantage of but will strive to protect your rights, fight for your interests, and give you the strong and passionate representation your case demands.
In Texas, there is a 60 day waiting period after filing for divorce. Absent circumstances warranting an emergency divorce, a final decree of divorce cannot be granted until 60 days have passed since the filing of the petition. During the cooling off period, the parties will often engage in "discovery." Discovery is a process in which the two parties exchange information concerning the issues involved in the divorce. The parties may submit written questions to each other, request the production of documents, and take each other's deposition. Some cases require intensive discovery in which other witnesses are deposed, property appraisals are obtained, homes and safe deposit boxes are inventoried, and records are subpoenaed. If a party refuses to respond to discovery requests, he or she may be sanctioned by the court.
Any issues that the parties cannot agree on will be tried and decided upon by the court. Each party may call witnesses and introduce exhibits to support his or her position. The court will determine the dispute and make specific orders which will be contained in the decree of divorce.
Spousal maintenance is a statutory remedy created by the Texas legislature that allows for a court to award payments to a spouse after divorce for a brief period of time under minimal circumstances. The legal remedy of spousal maintenance is codified in Chapter 8 of the Texas Family Code. A court determining that a spouse is eligible to receive maintenance shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors.
For more information on spousal maintenance, click on this link: Spousal Maintenance In Texas .
Contractual alimony is a voluntary payment of spousal maintenance from one spouse to another. A person going through a divorce may agree to make regular payments to the other spouse as contractual alimony as part of the property settlement. There may be various of reasons for entering into such a voluntary spousal agreement. Still, it is most often used to equalize the division of marital property while providing one spouse with a steady income stream.
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