Grapevine Divorce Lawyers: The Texas Divorce Process
If you are contemplating a divorce, we know that the process can feel daunting. Over the course of your marriage, you work hard to merge your lives together. A divorce needs to legally untangle everything. It involves many steps and legal considerations, and can take time. How much time will depend on your specific circumstances, including your and your spouse’s ability to negotiate your differences. Likewise, how much a divorce costs will ultimately depend on how long the process takes.
At Teller Law Firm, P.C., our divorce attorneys each have more than 30 years of experience helping families throughout Tarrant County and the surrounding Dallas-Fort Worth communities. From their office in Grapevine, they have dedicated their legal careers to guiding families through difficult and emotional legal challenges. We understand the emotional challenges involved in the divorce process, and we are here to help you get through the transition and on your way to a new life.
Starting The Texas Divorce Process: Initial Steps
To begin the divorce process in Texas, at least one spouse must have resided in the state for six months and in the filing county for 90 days. The divorce officially starts when a Petition for Divorce is filed in the appropriate county court. If you are filing for divorce in Grapevine, you will need to file your petition at the Tarrant County Family Law Center in Fort Worth.
The spouse who files is known as the petitioner, and the other spouse is the respondent. Filing fees vary by county but typically range from $250 to $350. The respondent must be formally served with the divorce papers unless they sign a Waiver of Service, acknowledging they are aware of the lawsuit.
The Waiting Period And Temporary Orders
Texas law requires a 60-day “cooling off” period before a divorce can be finalized. This doesn’t mean your divorce will be over in 60 days, but it sets the minimum time frame. During this time, temporary orders can be established to address immediate concerns. These orders can cover:
- Child custody and visitation arrangements
- Temporary spousal support
- Child support
- Who remains in the family home
- How bills will be paid during the proceedings
Our divorce attorneys can help you assess whether you need temporary orders, determine which ones are necessary for your situation and file the appropriate motions with the court.
The Discovery Process For A Texas Divorce
Discovery is a formal process within the legal proceedings where both parties exchange information and documentation relevant to the divorce. Common discovery tools include:
- Interrogatories: Written questions that must be answered under oath
- Requests for production of documents: Formal requests to provide specific documents
- Depositions: Recorded testimony given under oath
- Requests for admission of facts: Asking the other party to admit or deny specific facts
The discovery process requires transparency between the parties. It is forbidden to hide assets during a divorce. Discovery not only gives everyone the information they need to reach a settlement but also builds a strong case in the event your divorce proceeds to trial.
The Division Of Property In A Texas Divorce
When it comes to the division of your property, Texas is a community property state. This means any property acquired during the marriage is presumed to be owned equally by both spouses. Courts divide community property in a “just and right” manner, which isn’t always a 50/50 split. Separate property, which is property acquired before the marriage or received during the marriage as a gift or inheritance, remains the property of the original owner. Several factors can affect how property is divided, including fault in the breakdown of the marriage, disparity in earning capacity between the spouses and which parent is awarded primary child custody.
Determining Child Custody And Support In A Texas Divorce
Texas courts always prioritize the “best interest of the child” when making custody decisions. Unless there’s evidence to suggest otherwise, a joint managing conservatorship (where parents share decision-making responsibilities) is presumed to be in the child’s best interest. Possession and access schedules determine the physical custody arrangements and parenting time, outlining when each parent has visitation with the children.
Child support is calculated using state guidelines, primarily based on the noncustodial parent’s income and the number of children. The final orders will also address health insurance coverage and how uninsured medical expenses will be handled.
How Is A Texas Divorce Finalized?
A Texas divorce can be finalized in several ways:
- Settlement agreement: In a settlement agreement, spouses reach an agreement on all terms of the divorce.
- Mediation: In mediation, a neutral third party helps divorcing spouses negotiate a settlement. In many Texas counties, attempting mediation is required before a trial can be scheduled.
- Collaborative divorce: Collaborative divorce is a structured process where both spouses and their attorneys work together to find mutually agreeable solutions.
- Court trial: If an agreement cannot be reached, a judge will make the final decisions after hearing evidence from both sides.
The divorce becomes final when the judge signs the Final Decree of Divorce, not when it’s filed.
Post-Divorce Considerations
Sometimes, issues arise after the divorce is finalized, requiring further legal action. Examples include:
- Qualified domestic relations orders (QDROs): These may be needed to divide retirement accounts.
- Name change requests: A spouse can request to have their name changed back to their maiden name as part of the divorce decree.
- Property transfers: Deeds, titles and other documents must be properly executed to transfer property as ordered in the divorce decree.
- Modification of orders: If a spouse’s circumstances substantially change after the divorce has been finalized, for example, due to a job loss or relocation, it may be possible to modify existing orders for child custody, support or spousal maintenance.
- Enforcement actions: If an ex-spouse violates the court orders, enforcement actions can be taken to compel compliance.
Our divorce lawyers can assist with post-divorce proceedings, even if we didn’t represent you during your divorce.
Schedule A Consultation With A Grapevine Divorce Lawyer
Our experienced divorce attorneys are available for confidential initial consultations. To schedule an appointment, you can call 817-612-4298 or send us a message through our website.