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Divorce: What does the process look like?

| Dec 16, 2020 | Divorce |

Although nobody wants to think about it or go through it, divorce is a very real part of many people’s lives. For many people, this is their first time going through a divorce in Texas, and they may be overwhelmed with the whole process. The following includes a brief explanation of the divorce process whether you are receiving or filing the divorce papers.

Filing a petition

The process of a divorce begins with the filing of a petition. The is usually done by the person who is seeking to end the marriage. The petition goes to the state courts within the county you live in. The petition will include detailed information about the marriage, including the names of the married couple, children involved, and demands and restrictions wanted by the petitioner.

Service of process

Serving the petition, known as divorce papers, is one of the most important parts of moving the process along. Many states in the union require a spouse to present these papers in person and have the other spouse sign the acknowledgment form. However, there are cases in which the other spouse is either nowhere to be found or too dangerous to come into contact alone. In these situations, you may have a county sheriff deliver the papers for you, but you must prove to the courts that there is no way you can do it yourself.

Petition response

When you’re the person being served divorce papers, you will have the option to agree or disagree with the documents being presented to you and everything within them. If a person agrees and signs, then the process moves more quickly. However, if you don’t agree on certain issues, such as child custody or child support, you may take these concerns to court, which will extend the process.

The last part of the process

Even if both people agree to the divorce, certain things need to be disclosed, such as information on assets like stocks and real estate. If nothing is contested during this part of the process, you still have to wait until the state’s waiting period is over, and then the divorce is legally dissolved.

Although the process may be straightforward, it is possible that some sort of dispute will arise. It is important to have legal representation throughout the process to make sure that you are ready for any challenges.