Getting divorced can be difficult, confusing, and emotional if you’ve never done it before. The last thing you want is to miss a crucial step in the process and jeopardize your divorce petition. You also want to do whatever you can to emerge from your divorce without losing significant assets, custody of your children, and more. It’s important that you know how to file for divorce in Georgetown, TX. A good lawyer can assist you in filing and negotiating.
The most important decision you can make for yourself during a divorce, especially a contentious one, is hiring a Georgetown divorce attorney to oversee your case. A divorce case can easily become too much to handle on your own, especially if you’re the spouse who was served, not the one who filed. Heinrich Christian, PLLC, can bring 25 years of combined legal experience to your case, along with detailed knowledge of the state’s divorce laws. First, you need to know the steps.
How to File for Divorce in Georgetown
If you decide to move forward with your divorce in Georgetown, your case will be handled in the Williamson County District Court, which can be found at the Williamson County Courthouse on MLK Street in Georgetown. You file your initial divorce petition with the Williamson County District Clerk. Make sure you meet the residency requirement, which is six months in Texas and 90 days in Williamson County. Texas has a marriage rate of 49% and a divorce rate of 2.1 per 1,000.
The Texas divorce process can be fairly straightforward or complicated, depending on the specific details of your case. Generally, uncontested divorces are much smoother than contested ones. This is due to each spouse’s willingness to compromise and negotiate together for a mutually beneficial outcome. It’s vital that you understand each step in the process. You should hire a divorce lawyer to avoid any costly mistakes. Here are some of the vital steps:
- Determine grounds. There are many grounds for divorce in Texas, including insupportability, adultery, cruelty, abandonment, and felony conviction. If you want to file for a no-fault divorce, you would choose insupportability. This basically means ending the marriage was nobody’s fault, and ending it is a mutual choice.
- File the petition. The process officially begins when one spouse files the Original Petition for Divorce with the appropriate district court. The petition will outline all crucial information about both spouses, your children, the grounds for divorce, and any requested relief, such as alimony or child support. You will likely have to pay a filing fee.
- Serve your spouse. After you file the petition, your spouse will need to be served with the divorce papers. The petition must be formally served by either a sheriff or constable, a private process server, or certified mail with a return receipt. Your spouse will have 20 days to respond to the petition.
- Mandatory waiting period. Texas has a mandatory waiting period of 60 days between filing the divorce papers and finalizing the settlement. This is generally to give couples time to reconsider or negotiate an agreement without litigation. This is when child custody, visitation, spousal support, possession of the marital home, and bill responsibility are all decided.
- Negotiations. Both spouses are required to fully disclose their financial records during the discovery process. Hiding assets is a crime in Texas and could result in fraud charges. There are multiple ways to pursue negotiations during a divorce, including mediation. This can be helpful in deciding the terms of your divorce without involving the courts. If both spouses agree on the terms, the divorce can move forward as uncontested.
- Court hearings. If you cannot reach an agreement through negotiations, it will be up to the court to decide your divorce decree. A judge will make their final determination regarding each disputed aspect of your divorce. In a contested divorce, each side presents evidence and makes a legal argument before the judge rules.
- Final decree. The final step in the process is the issuing of a Final Decree of Divorce. This document will officially end your marriage and outline all terms approved by the court. When the judge signs this decree, you are divorced.
FAQs
What Is the First Step in Filing for Divorce in Texas?
The first step is filing the actual petition for divorce with the district court. However, before you do that, it’s recommended that you determine the actual grounds for your divorce. If you are pursuing a no-fault divorce, you would choose insupportability as grounds. It’s important to declare why you are filing for divorce.
How Much Does It Cost to File for Divorce in Texas?
Filing for divorce generally involves filing fees and other court-mandated fees. The cost varies from county to county. Cases involving children are often more expensive to file. You also have to consider your attorney fees and the assets you may lose during property division. Overall, a divorce can be very expensive.
Can I Get a Divorce Without Going to Court in Texas?
Yes, you can get a divorce without going to court in Texas. If both spouses agree on all issues and pursue an uncontested divorce together, there will likely be no need to ever set foot in a courtroom. You still have to file paperwork with the court, but you won’t need to appear before a judge for a trial. Your finalized agreement says it all.
What Shouldn’t I Do During a Divorce in Texas?
There are many actions you should never take during a divorce in Texas, as they can make you look vengeful or unprepared. One thing you should absolutely never do in a divorce is try to hide assets. Not only can hiding assets make you look really bad in the eyes of the judge, but it can also result in criminal charges. You could end up facing serious fines or even a jail sentence for fraud. Be totally honest about your finances.
Hire a Divorce Lawyer Today
At Heinrich Christian, PLLC, we can help you determine the right course for your divorce in Georgetown, TX. Contact us to speak to a team member about your options.
