If you and your spouse should unfortunately come to the decision to legally end your marriage, it is important that you have a basic understanding of Texas law and divorce. In order to file, you must be a Texas resident for a minimum of six months and have been residing in your current county for at least 90 days. If you and your spouse want to file for divorce, you must first complete the necessary paperwork by filing a Petition of Divorce. In Texas, the only reason you need in order to file is to say that your marriage has broken down to the point where it is unable to continue.
Contested or Uncontested?
Once your petition has been filed, your next task is to determine how your marital property will be divided. This process can either be a contentious battle in court or a collaborative effort. It is highly recommended that you attempt to work together with your spouse towards a mutually acceptable arrangement, as a contested divorce can be a lengthy and costly ordeal.
The following issues must be decided:
If you are unable to cooperate with your spouse and court involvement is necessary, the courts will decide these issues once both sides have had a chance to state their claims. The length of the marriage, the presence of marital misconduct, and the best interests of any children you may have are just some of the various factors that a judge will consider when making their decisions.