Are you thinking about getting a divorce in Texas? If so, you should work with a Burleson family law attorney so that you can be confident that you understand the whole process. Below are the main steps to consider.
Step 1: Your Living Situation
In order to be allowed to file for a divorce, you must show that you have not lived anywhere but Texas for the previous six months. Beyond that, you also have to show that you have not lived out of the country in the last three months.
Step 2: Filing and Serving
If you meet those requirements, a Burleson divorce attorney will tell you that you must file your petition to divorce in a recognized Texas court. Your attorney will then get your spouse served a notice of the divorce.
Step 3: Getting a Restraining Order, if needed
If the two of you are on good terms, you may not need to obtain a restraining order, but you do have the option to ask for one when you file the initial petition. The court can then grant you a custom order that addresses things like where you both can live, what type of contact you can have with each other, and how your children are to be treated. Violating this order constitutes the breaking of state law, and could result in fines or prison time.
Step 4: Discovery and Settlement
During this phase, you will work very closely with a Burleson family law attorney during the discovery and settlement phases. During the first phase, you and your spouse need to share information, such as financial records, with each other and with your attorneys. If one party is uncooperative, this can be taken before a judge who can order that all information is released.
Also during this phase, an agreement can be reached between both sides. The goal of this agreement is to fairly and justly divide your financial wealth and your possessions. This stage determines what you will get after the divorce, and it could also include deciding who gets custody of your children. If you cannot come to an agreement yourself, a judge could order mediation or even a trial.
The 60-Day Window
A divorce in Texas cannot be finalized until 60 days after the petition is filed. Once that window has passed, you and your attorney can schedule a hearing with the Court to finalize the divorce. After the hearing and once the Final Decree is signed by the judge, your divorce is final.
If you have any additional questions regarding a divorce or potential divorce, call our office at 817-953-9656 to make an appointment with Cade Lovelace or Jennifer Lovelace for a free consultation. Professional guidance will help you achieve an ideal outcome.