DIVORCE

How much does it cost to get a divorce?
It depends on the particular complexity of your situation. Where there are no children, little property to divide, and both parties are able to reach agreement, the cost of getting the divorce can be as low a few hundred dollars. Where there are children and disagreements over who will have custody, and a disagreement over the division of property, divorce can cost thousands of dollars.

Should I hire an attorney or can I represent myself in a divorce?
For simple divorces (like the first example described above) it may make financial sense to represent yourself (this is know as pro se). However most divorces are complex enough that it probably makes sense to hire an attorney to represent you throughout the divorce process. A low cost alternative to hiring an attorney to represent you is to pay an attorney to draft documents and provide you with advice on how to represent yourself. This is sometimes referred to as assisted pro se. Having an attorney represent you or assist you with your own representation can help alleviate some of the stress.

Who can file for divorce?
Either party (you or your spouse) can file for divorce.

What are the grounds necessary to get a divorce?
Texas is a "no-fault" divorce state. In other words, a person can file for divorce simply because "the marriage has become insupportable because of discord or conflict of personalities between you that has destroyed the legitimate ends of the marriage." You may also file for divorce based on fault in the marriage (such as adultery, cruelty, conviction on a felony...), but are not required to do so even if there was fault.

When can a divorce be filed?
A divorce can be filed at any time, providing at least one party has lived (domiciled) in Texas for the last 6 months. The party filing does not have to live in Texas, so long as the other spouse currently lives in Texas and meets the 6 month minimum.

Where can the divorce be filed?
The divorce must be filed in a county where either party has lived for the last 3 months. Where you and your spouse have lived in different counties for the last 3 months, the divorce may be filed in either county. There may be benefits to selecting one county over another when preparing to file.

What documents are needed to file for a divorce?
The first document to be filed is the Original Petition for Divorce. If you and your spouse have children, the Original Petition will be combined with a Suit Affecting the Parent Child Relationship (SAPCR) in a single document.

Depending upon the particular situation, it is sometimes advisable to ask the court to hold a hearing to set Temporary Orders which will be in effect until the divorce is final. If necessary, it is also possible to ask the court to issue a Temporary Restraining Order (TRO) to prevent the other party from selling or disposing of property or engaging in harassing behavior. TRO's are generally valid for up to 14 days, by which time a Temporary Orders hearing must take place. At the Temporary Orders hearing the court can grant a temporary injunction that offers the same kinds of protections as the TRO, that last throughout the divorce process.

What happens after documents are filed?
After the court processes the documents and assigns a cause number, a copy of the documents must be delivered to the other spouse. It is normally not possible for one party to personally serve the other party. Service is usually performed either by a Constable or by a private process server.

What happens next?
In a nutshell, the party being served has a limited amount of time in which to file a response. If the party being served fails to file a response or appear for a hearing, the party who filed the divorce may be entitled to a default judgment granting the divorce. [If you have been served with divorce papers, it is in your best interest to immediately contact an attorney before you file a response or make an appearance in court.]

How long after filing until the divorce is granted?
In Texas there is a 60 day waiting period before the court can grant the divorce. The waiting period begins when the Original Petition is filed.