Divorce can be a challenging time. It often brings emotional strain and significant legal hurdles. Understanding the process and legal requirements can reduce confusion and help set realistic expectations.
Each county in Texas has specific rules for divorce proceedings, and Brazoria County is no different. This guide provides a clear and simple breakdown of the steps for filing for divorce in Brazoria County.
Understand the Basics of Divorce in Texas
Divorce laws in Texas create the framework for legal separation in the state. Texas allows both no-fault and fault-based divorces. No-fault divorce is the most common ground where one spouse does not need to allege that the other did anything wrong. Common reasons include conflict or lack of reconciliation. Fault-based divorces involve misconduct by one spouse, such as adultery, abandonment, cruelty, or a felony conviction.
Texas law includes residency requirements for filing a divorce. At least one spouse must live in Texas for six months before filing. To file in Brazoria County, one spouse must have lived in the county for at least 90 days. These requirements help determine the proper court to hear the case.
1 File for Divorce
Filing for divorce begins with gathering the necessary documents. These include the marriage certificate, financial records, tax returns, property deeds, and information on debts. These documents provide a clear picture of the marriage’s financial situation and help during the legal process. Your attorney, should you hire one, will likely ask for these documents.
Filing the petition for divorce begins the legal process to end a marriage. This document is called the Original Petition for Divorce and serves as your official request to dissolve the marriage.
Filing fees are required when submitting the divorce petition. Fees in Brazoria County generally range between $250 and $300. Payment plans are unavailable. Individuals facing financial hardship may request a fee waiver. A completed Statement of Inability to Afford Payment of Court Costs form must be submitted. Supporting documents, such as proof of income, might be required for approval.
2. Serving Your Spouse
Serving your spouse fulfills the legal requirement to notify the other party about the divorce proceedings. The petitioner must ensure that the respondent (the other spouse) receives the necessary documents.
Personal service involves a constable, sheriff, or private process server delivering the divorce paperwork directly to the respondent. Once served, the respondent signs a document confirming receipt. The signed proof of service goes to the court.
A waiver of service allows the respondent to acknowledge receipt of the documents without formal delivery. The respondent must sign the waiver voluntarily and in front of a notary. The signed waiver becomes a part of the court records.
Certified mail is another option if the respondent consents to receive documents this way. This method requires a return receipt showing the respondent received the paperwork.
3. Deciding Outcomes
Divorcing spouses can determine divorce agreements through informal negotiation or mediation. Negotiation involves both parties working together to reach agreements on issues like property division, child custody, and support. This process remains private and allows spouses to have more control over the result. Mediation is a more formal negotiation process. It involves a paid, neutral third party who helps both sides communicate and reach agreements. Many divorcing couples use this method to avoid going to court.
If informal negotiation or mediation does not resolve disputes, the divorce proceeds to court at a formal hearing.
A hearing in divorce court generally follows these steps:
- First, each party is allowed to provide an opening statement – this process allows each side to summarize their positions and ask the court for what they want.
- Next, each party presents their evidence and calls witnesses. Cross-examination also occurs during this stage.
- After presenting evidence and testimony, both sides give their closing arguments. This step summarizes evidence, testimony, and reasons why spouses are entitled to what they want.
- The judge then reviews the evidence and testimony before issuing a final ruling. This decision becomes legally binding and determines the result of property division, custody, and any ongoing support obligations.
Depending on the circumstances, a divorce trial could last 15 minutes, or it could take days, months, or years. Uncontested divorces move much quicker, but divorce with many conflicts can take longer.
4. Finalizing the Divorce
Finalizing a divorce involves multiple steps to ensure all matters are legally resolved. Each step requires careful attention to meet legal requirements and prepare for court proceedings.
The 60-day waiting period in Texas must pass before finalizing a divorce. This waiting period starts on the date the divorce petition is filed. During this time, both parties may review settlement proposals and/or agreements on property, custody, and support. However, no final hearing can occur until this period ends in compliance with Texas law.
Preparing for the final hearing in Brazoria County involves gathering all necessary documents and ensuring that any and all agreements are finalized. Legal forms, financial records, and any agreements between the spouses should be organized and ready for presentation. Preparing clear arguments on unresolved issues reduces delays. Both parties may consult their attorneys during this time to address any concerns.
The Final Decree of Divorce outlines the terms of the divorce, including property division, child custody, and support obligations. The petitioner or their attorney submits the Final Decree to the judge for review. Both spouses must agree to its terms or present arguments during the hearing if disagreements remain. The document reflects the final resolution of all contested matters.
On average, a divorce in Texas takes between three to six months from filing to finalizing.
Divorce can be an overwhelming process, but Jeff Gilbert Law Office is here to stand by your side during every step. You can meet with our team by calling us at (979) 304-2160 or contacting us online.