When children are involved, it is also important to consider whether you will be able to exercise regular possession and access to your children. Texas residents serving in the military and stationed outside of Texas may still be a considered a Texas resident. Military personnel who have not previously resided in Texas, but have been stationed at one or more Texas military bases for at least the last six months and at a military base in a county of Texas for the previous 90 days, are considered Texas residents and residents of that county for the purpose of filing a divorce.
In order to file a Texas divorce, you will need a Petition for Divorce. The divorce complaint is typically filed with either the county court or the district court in the county where either you or your spouse meet the residency requirements. The divorce complaint is filed by presenting the actual complaint along with the requisite filing fees to the clerk who will then file your complaint, assign you a court and issue citation to the opposing party.
Either a private process server or constable will personally serve the divorce petition on your spouse or service by certified mail or publication is also an option.
Calling It Quits? The Top 12 Things You Need to Know About Divorce in Texas
You will have to wait the day waiting period in order to receive your final decree of divorce. If the terms of the divorce cannot be agreed upon by the parties, then the parties will have to go to Final Trial in which the parties will conduct a full trial calling witnesses, testifying, and presenting evidence after which the court or jury will decide the terms of the divorce.
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The terms will then be drawn up into a divorce decree that will govern the divorce. If you do not have an attorney to ask the questions at the prove-up hearing, the judge will assist and ask the standard prove-up questions. Fault will typically be proven by the court hearing evidence relating to adultery, cruelty, felony conviction and abandonment. The court can hear witness testimony and can also consider hard evidence e-mails, documents, print outs of Facebook posts, etc. Yes, a party can be legally married if: they agree to be married; if they live as husband and wife, together in Texas; and if they hold themselves out to be married to others.
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5 Must-Know Facts About Divorce in Texas — Texas Legal
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What are the grounds for filing for divorce in Texas? There are seven grounds for divorce allowed under Texas law. What is the cost of divorce in Texas?
Matters that Delay the Finalization of a Divorce
Can I afford it? Do I really need to hire a Texas divorce attorney? Does Texas grant divorces based on marital fault? Can I get maintenance or will I have to provide maintenance to my spouse? Can I change my name at the time of divorce? Can I get an annulment in Texas? When can I file for divorce in Texas? When is my case going to be over? Do I have to go to court? If attempts to serve my spouse do not work, what is my next step? What if my spouse does not want the divorce? Do the other issues — child support, child custody, alimony, and property — have to be decided before the divorce is final?
How long do I have to live in Texas to obtain a divorce? This includes a mandatory thirty day divorce waiting period after a divorce is granted before the parties may marry a new person. The reason for the mandatory waiting period after divorce to remarry in Texas is that the judge and court that issued your final decree of divorce retains plenary power for thirty days after the divorce is final.
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This is in case a party files an appeal or a motion for a new trial, which they have thirty days to do after a divorce is finalized. Once the thirty days has expired and the divorce has not been contested , then it is safe for the parties involved to remarry. To have this period. An exception to this rule is if you desire to remarry the person you just divorced, you are not required to wait thirty days. Kelly really wanted a clean break and she would do anything to close the book on that relationship and start her life with Dave. The most important thing to her is she could marry Dave on February 12th.
Dave and Kelly told the attorney their plans, to their surprise they found out their would be a snag. Parties who have filed for divorce must wait at least 60 days before a court will grant a divorce. Thus, a person must let 60 days elapse after the divorce is filed, and on the 61 st day can request the court to grant their divorce.
In the fictional scenario above, Dave and Kelly want to get married on February 12 th. Even if the divorce attorney files a petition for divorce on January 3 rd , by February 12 th , the divorce would only be on file for 40 days and the requisite sixty day waiting period would not have elapsed for the court to grant the divorce. This sixty day waiting period is not required if a party seeks to annul a marriage or declare a marriage void.
The respondent in a divorce was convicted of or received deferred adjudication for an offense of family violence against the petitioner or a member of petitioner's household; or. Petitioner has a protective order or a magistrate's emergency order, against the respondent because of a finding of family violence committed during the marriage. However, in the fictional depiction, Pete did not engage in domestic violence against Kelly. So Kelly's divorce from Pete would not fall into one of those exceptions.
Parties once divorced must wait thirty days before they can remarry another person unless they obtain a waiver from the court. Her only way to avoid the 30 day wait after her divorce is to obtain a waiver from the court. If you are in a similar situation as Kelly, Pete and Dave and wish to discuss obtaining a divorce in the most efficient manner, contact our offices to schedule a consultation with our attorney.
Author's Information: Attorney Tracey A. Beecher is a family law practitioner.
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