What is a divorce? Put simply, a divorce is the legal dissolution of a marriage. At The Báez Law Firm, we understand that this is a difficult time for your family. The divorce attorneys at The Báez Law Firm are here to guide you through these difficult times and protect your rights. We are client-oriented family lawyers. Our goal is to help our clients achieve their needs. Together, we will work to accomplish those goals and, ultimately, to achieve the best results for you and your family.
To help make this process easier, we want you to walk through our doors, empowered with vital information, and help your family get through this process as easily as possible. Here is what you need to know:
Residency and filing requirements:
In order to obtain a divorce, one of the parties involved must meet two residency requirements in order for the court to be able to hear the case. First, one of the parties must have been domiciled in Texas for the preceding 6 month period. Additionally, one of the parties must have been a resident of the county where the suit is filed for the preceding 90-day period. There are exceptions for those who are serving in the armed forces of the United States. For more information, please refer to our military law section.
Grounds for filing:
When filing for a divorce, the Petitioner (the individual filing for divorce) must state “grounds” for seeking a divorce. Under Texas law, there are two types of grounds under which an individual can file for divorce, non-fault based and fault-based. Divorces are typically granted under the non-fault divorce law.
Non-fault grounds for divorce include:
Insupportability. Under this law, the parties must show that the marriage has become insupportable due to discord or conflict of personalities, and there is no reasonable expectation of reconciliation.
Confinement in a mental hospital
By filing under a non-fault ground, the court cannot consider either spouses responsible for causing the divorce. This can affect how the court rules with regards to spousal maintenance, division of community property, custody and visitation of the children, and a number of other issues.
Fault-based grounds for divorce include:
Conviction of a felony
When filing for a divorce, the court charges “filing fees” mandated by state statute. The fees involved vary from county to county.
Serving your spouse:
When a spouse files for a divorce, the Original Petition of Divorce and the summons to appear in Court must be served to the other party. If you do not wish to have your spouse served, or if you are filing an uncontested/ agreed divorce, your spouse may sign a Waiver of Service. This allows your spouse to waive the requirement of a private processor formally serving him or her.
What if my spouse and I agree/do not agree on some issues, what will happen?
If the parties involved can come to an agreement on all issues, the court may approve the parties’ agreed divorce. In the event that the parties cannot agree on issues such as child custody and visitation, child support, alimony and the division of property, the court will hear both parties and decide these issues.
If you have any questions regarding filing for a divorce call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777