If you plan on getting a divorce in Texas, there are some basic things you need to know especially if you desire to go it alone without the costly services of a lawyer.
You need to know that the cost of most contested divorces in Texas averages more than $10,000 dollars in legal fees for each spouse. If both spouses agree to the terms of the divorce, a Texas lawyer would still typically charge $3,000 to handle your uncontested divorce.
You need to know that if you and your spouse can come to an agreement on what to do with your property, and any issues regarding children, you can complete your divorce much more quickly and cost effectively by yourself.
You need to know that the fastest time you can complete any divorce in the state of Texas is about 60 days.
Texas is a mixed state. This implies that you can use either fault or no-fault grounds as the basis for seeking a divorce, or you can base your divorce on the fact that you have been separated from your spouse for at least two years.
Each county in Texas charges a filing fee when you file your divorce. The filing fees vary, but typically are in the $300 range. If you cannot afford the filing fee, you may be eligible to have the fee waived.
Although both of you will be signing the documents, only one of you has to be present at the court hearing.
You need to also know the process for filing your Texas Divorce.
Filing Your Petition
• You take along the filing fee and three signed copies of your Original petition for divorce to the county district clerk's office.
• The clerk will keep one copy of your petition and will "file stamp" your other two copies showing the date and time you filed your petition.
• Fix a date for your hearing with the clerk.
The Waiver
You are said to be filing an uncontested divorce, where both you and your spouse agree to the terms of the divorce.
In a contested case, your spouse would typically be served a copy of the petition by a sheriff. In your uncontested case, you do not need to pay extra to have a sheriff to serve the papers.
• You should give your spouse a "file stamped" copy of the petition and the Waiver of Citation.
• Your spouse signs the Waiver.
• Then you file the signed Waiver with the clerk's office.
When you have completed this step, you will have to wait for 61 days from the date the petition is filed.
Finalizing the Divorce
You should know that only the person, who filed the petition, has to go to the court hearing.
• At the hearing, provide the court clerk with your signed copy of your Final Decree of Divorce and any attached Exhibits.
• Wait for the judge to call your case.
• After the judge hears your testimony he/she will sign your decree of divorce.
Once the decree of divorce is signed, your divorce is final.
"I hate divorce," says the LORD God of Israel. (Malachi 2: 16). You need to know that divorce is like amputation; it is painful and the signs will always follow you wherever you go. You started your marital relationship with the hope that it will last a lifetime. For whatever reason - infidelity, broken promises, domestic violence, and poor communication - some marriages do not work out. What is the guarantee that your second marriage will work out.
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