If you are contemplating divorce, it’s wise to learn a bit about the divorce process before you start. Here’s a brief overview from a Houston divorce attorney of how to file for divorce and the documents that are needed.
How Do You File for Divorce and What Documents Are Needed? A Houston Divorce Attorney Explains
1. Filing the Petition for Divorce
The first official step in the divorce process is filing a petition for divorce, sometimes called a “complaint for dissolution of marriage.” This document starts the legal divorce process and outlines the reasons for the divorce, such as irreconcilable differences or fault-based reasons, like adultery or abuse. The petition must be filed in the appropriate court, usually in the county where either spouse resides.
2. Serving the Other Spouse
The petition for divorce must be served to the other spouse after it is filed with the court. The reason is to make sure they are formally notified of the divorce proceedings. The petition must be sent by certified mail or hand-delivered by a court-approved representative. The only cases in which divorce papers do not need to be served are if the other spouse has filled out and signed a Respondent’s Original Answer form or a Waiver of Service form.
3. Required Financial Disclosures
Both parties must disclose their financial situation, including income, assets, debts, and expenses. This information helps ensure a fair division of property and determination of support payments. Documents needed for this step include tax returns, bank statements, pay stubs, credit card statements, and any other financial records that detail your economic standing. If you have a unique or complicated situation, it’s wise to consult with a Texas divorce lawyer to learn more about the specifics of Texas divorce law.
4. Child Custody and Support Documents
If you have children, you’ll need to complete documents like a parenting plan, which outlines custody arrangements, visitation schedules, and decision-making responsibilities. You will also need child support forms, which will detail the financial support obligations for the children. These documents should be as detailed as possible to avoid future disputes.
5. Property Division Agreements
Both parties must come to an agreement on how to split assets and liabilities, such as real estate, vehicles, personal property, investments, and debts. A property settlement agreement or marital settlement agreement can formalize these arrangements. If an agreement cannot be reached, the court will make decisions on how to divide the property equitably, which does not always mean equally.
6. Spousal Support Considerations
Spousal support, or alimony, may be awarded based on various factors, including the length of the marriage, each spouse’s financial situation, and their ability to support themselves. When requesting or contesting spousal support, you may need documents that demonstrate proof of income, financial needs, and any relevant details about the marital lifestyle. The court will use this information to make a decision about spousal support.
7. Finalizing the Divorce
After all necessary documents are filed and any required hearings or negotiations are completed, the court will issue a final judgment of divorce. This judgment formalizes the dissolution of the marriage and includes the court’s orders on all relevant issues, including custody, support, and property division. After the 60-day waiting period required by Texas law, the divorce is official.
Knowing what to expect and what documents are required can help make the divorce process a little easier, but the best way to ensure a smooth process is with the help of a lawyer.
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