Do I Need To Legally Separate Before A Divorce In Texas?
There is a lot to consider if a divorce looks imminent for you. And we understand that the process can be overwhelming no matter the circumstances that have brought you here. Divorce is one of life’s most stressful events, accompanied by the death of a loved one, job loss, moving, and experiencing a major illness or injury. And as you navigate forward, a question on your mind might be if you need to legally separate before divorcing in TX. We’ll walk you through what the process of divorce looks like in the state of Texas so you can be prepared.
Is legal separation required in Texas for divorce?
In Texas, legal separation is not available. Therefore, couples are not required to legally separate before divorcing in Texas. Should a couple desire to end their marriage formally, they will need to follow the state’s divorce process.
It’s worth noting that the court does allow couples to live separately and recognizes temporary arrangements while the divorce is pending.
What is the divorce process in Texas?
Understanding the divorce process in Texas is critical as you navigate into these unfamiliar waters. The first thing worth knowing is that the spouse filing for divorce is the petitioner. The other spouse is the respondent.
It’s also important to know what type of divorce you’re dealing with and whether or not you need to seek legal representation. An uncontested divorce is when both partners agree to the divorce and are on the same page about what they want to happen. In the case of an uncontested divorce, it’s not always required to seek legal representation though having representation isn’t necessarily a bad idea. Should you choose to proceed “pro se” or represent yourself, it’s still wise to educate yourself on the process and what to expect.
A contested divorce is when the spouses do not agree. A contested divorce can be messy and complicated, and representation is recommended.
The basic steps to filing for divorce in Texas
Once you’ve decided to divorce, the first step is to file. So let’s take a look at the steps required to file for divorce in Texas.
File the petition - One party must first file a petition with the court and pay the requisite court fee. This petition is called the “Original Petition for Divorce.” This petition is what effectively starts the divorce process. Once the petition is filed, the court clerk will assign a case number.
Legal notice - Once the petitioner files the petition, the other spouse (which is now referred to as the respondent) must be provided notice. Even if the spouses have discussed the impending divorce, simply telling the respondent that the petition has been filed is not sufficient. The respondent must either be served an action where they are provided legal notice or they can sign a Waiver of Service if they’ve agreed to receive notice. It’s important to note that this waiver does not mean that the signer necessarily agrees to the allegations in the Original Petition.
The hearing - A divorce petition will generally require at least one hearing to make the final decision regarding all of the issues within the divorce such as: property and debt distribution and child custody arrangements. It’s during this hearing that both parties may present evidence to the court on their behalf. In an uncontested divorce, however, the non-filing party may not necessarily need to attend the hearing.
The final decree - Once a decision has been made regarding all of the issues, the final divorce decree is signed. Be advised, getting to this step can be quick – especially in the case of an uncontested divorce, or it can take some time. It’s also important to know that many states require a waiting period before the divorce decree can be signed. In Texas, the waiting period (or the “cooling off” period) is 60 days.
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