Divorce is the termination of a marriage putting an end to all the legal duties and responsibilities of a marriage. There are several legal formalities that go into ending a relationship. The process officially begins with filing of a petition for parting ways. Petition for divorce in Texas is the written agreement that needs to be submitted in the court to complete the procedure of the breaking the marriage. This is the first document which contains:
- The request for the ending the relationship
- The ground on which the partition is pleaded: No fault grounds states that the marriage has become insupportable because of discord or conflict of personalities, and that there is no chance of future reconciliation. The fault cases must state the reasons of abandonment, adultery, confinement, criminal charges, etc.
- Identification of the parties involved and children (if any)
Mandatory Petition Filing
It is mandatory for a person to file his/her legal document of a marriage end with the court in Texas in the following types of cases:
- Uncontested/ Agreed – Uncontested is a popular option of ending a relationship where both the parties agree to the terms and conditions of parting ways. The parties solve all issues and come to an agreement regarding issues like child custody and support, alimony and the distribution of property and division of debt.
- Do-it-Yourself – An individual can make use of publications and online resources who sell forms to handle a case without attorneys. Forms are available in even libraries. Divorces on no-guilt basis can be carried out by this procedure.
- Mediation – This is an alternative method of litigation and is quite inexpensive. Here, a mediator and the divorcing parties assemble to discuss the disputed topics and reach a mutual settlement agreement. The mediator is a person who takes a neutral stride between the parties and never supports a biased decision.
- Collaborative Law – This is one of the most popular options availed in Texas. Both the parties decide not to take any contested issues in court and agree on settlement with the help of an experienced lawyer. This is a friendly and respectable method of reaching a consensus without hurting anyones feelings.
- Litigation – In litigation, the party decisions are made in court by a judge or sometimes a jury. Litigation does provide resolution for people who cannot find a way to settle their differences any other way and court is the only route to settle down the matters. This is an expensive option of ending a relationship.
Conditions of Filing the Divorce Papers in Texas
- One must be a resident of the state for six months and a county resident for 90 days.
- There is a 60-day waiting period after filing, before the legal dissociation is granted.
- One of the parties has to prove that there are no chances of reconciliation or reuniting in the future.
- It is filed in the district court of the county where either party lives.
- After the petition is filed in the district clerk or county clerk, the case is assigned to a specific court.
- A copy of the document should be mailed to the other spouse/respondent.
Texas Divorce Petition Form
In Texas, there are two types of legal documents for use – couple with ‘no children’ and ‘with children’. The main elements or information that are present in a divorce papers are:
- Case number
- Case name
- Court name
- Details of the petitioner and the respondent- name, age, address, identity proof, numbers etc.
- County of Residence
- state of Residence
- Out of state Respondent
- Waiver of waiting period based on family violence
- Marriage and Separation details
- Grounds for ending the relationship
- Details of children (if any)
- Name, date of birth and residence of each child
- Adult disabled child
- Pregnancy details
- If any court orders are there involving the couple’s child (if a final court order is there for custody and support of all the children and no changes have been made, the papers for divorce – no children form will be used)
- Custody, visitation and child support
- Children health insurance
- Children’s property
- Property details
- Community property
- Separate property
- Protective Order for the petitioner and the respondent
- Family informational
- Name change
- Notice to the spouse
The form should be filled up with proper and relevant information. If any source of misinformation or concealing information are found, the procedure will take a long time to get finalized.
Decision of moving out of a marriage is difficult for a couple in various ways. Before filing a petition for divorce in Texas, one should be fully aware of state laws. It is advisable to hire an experienced and good lawyer to help complete a case smoothly. However, one should have a complete understanding of the rules and processes that are being followed.