More commonly known as divorce, the dissolution of marriage in Texas is a major life event because of its financial, emotional, and legal implications. At the same time, tens of thousands of couples choose to go through the process every year in Texas.
Whether you and your spouse are dealing with a communication breakdown, infidelity, financial issues, or are simply incompatible, learning how to end your marriage is the first step in starting your life anew.
In this article, we’re going to take a closer look at the steps involved in divorce and the choices you’ll need to make along the way.
The term "dissolution of marriage" is a legal term used to describe the process of formally ending a marriage, also known as divorce. This process legally dissolves the bonds of matrimony between a married couple.
A number of key issues are addressed during the process of marriage dissolution. These include:
Each state has its own laws that govern marriage and divorce, meaning that the process can vary depending on where you’re filing for divorce.
Furthermore, what the process consists of is also influenced by a number of factors, including:
There are a number of ways that a marriage can be dissolved in Texas. The fastest, cheapest, and simplest way to get divorced is through mutual agreement. However, divorce can also result from mediation, collaborative divorce, or court proceedings.
If you know it’s time for a fresh start, how do you go about dissolving your marriage in Texas?
Here are the steps you’ll need to take to get a divorce in the Lone Star State.
To initiate the divorce process in Texas, the first step is to fill out an Original Petition for Divorce.
This document outlines your wishes regarding the division of property, child custody, and other relevant matters. It's crucial to provide accurate and detailed information from the get-go here to make sure you don’t run into any issues as the rest of the process unfolds.
Once completed, you can then file the petition with the district clerk's office in the county where you or your spouse reside.
It's important to ensure you meet Texas's residency requirements, which are:
When you go to file your paperwork, you’ll need to pay a filing fee that varies by county. This fee is usually a few hundred dollars, but you can apply for a waiver if you aren’t able to afford it.
As a part of your divorce petition, you’ll choose whether you are filing for a fault-based or no-fault divorce. A fault-based divorce means that you are placing the blame on your spouse for the breakdown of the marriage, while a no-fault divorce means that neither party isn’t being pinned as the one that’s responsible for the divorce.
After filing the divorce petition, you must legally notify your spouse, referred to as "service of process."
This can be done through a private process server, sheriff, or certified mail.
Your spouse has a set period to respond once they receive the documents in what is referred to as their “Answer.” If they agree with the petition's contents, the process may proceed uncontested, and divorce can ultimately be pretty straightforward. If they disagree, they will file an answer, leading to a contested divorce, which involves more detailed legal proceedings (and, usually, more money.)
Whether your divorce is contested or uncontested, you'll need to complete a Final Decree of Divorce.
This document outlines the final terms of your divorce, including asset division, child custody, and support arrangements. In an uncontested divorce, both spouses work together to agree on the terms before filing the decree with the court. In a contested case, the decree reflects the judge's decisions following a court hearing or trial.
Though we can’t always get what we want in life, it really is ideal to get an uncontested divorce if at all possible. Going this route is generally less expensive, and less stressful than a contested divorce. At the same time, it’s not suitable for everyone.
Here are some of the elements you’ll want to look for to determine whether you’re a good candidate for an uncontested divorce:
If your divorce is uncontested, a hearing will most likely be a brief formality where the judge reviews and approves your Final Decree of Divorce. If you and your spouse agree on everything and the judge sees the agreement as fair and just, the hearing will, in all likelihood, be very straightforward.
In contested cases, on the other hand, the hearing is part of the trial process where both parties present their arguments, evidence, and witness testimonies. You should attend all scheduled hearings and be prepared to discuss your case. Don’t forget to wear appropriate court attire!
During a contested, litigated case, the judge will hear both sides of the story and make decisions based on the information presented and the best interests of any involved children.
After the judge signs the Final Decree of Divorce, your divorce is complete.
In Texas, however, there is a mandatory waiting period of 60 days from the date you filed the petition before the divorce can be finalized. This means that a judge can’t sign the Final Decree of Divorce until the waiting period has fully played out.
Once this period passes and all court requirements are met, the divorce is official. At the same time, your work isn’t done. You’ll need to obtain certified copies of the final decree for your records and to update any relevant legal documents, such as your name or marital status on IDs and financial accounts.
How much it costs to dissolve your marriage in Texas depends on a number of different factors. Essentially, it can cost anywhere from a few hundred dollars to tens of thousands of dollars. The circumstances of your marriage and the choices you and your spouse make during the divorce process will determine where your costs fall on this spectrum.
Some of the factors that influence the cost of divorce in Texas include:
Getting a divorce is one of the most stressful things anyone can go through. The dissolution of a marriage is emotionally and financially taxing, to say the least. At the same time, the more you know about the legal process, the better able you’ll be to make decisions that best serve you and your entire family.
Are you looking for more resources to help you navigate divorce in the Lone Star State? Make sure you check out our Texas Divorce Laws blog for more articles and guides!
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