Divorce In Houston: What You Need To Know

Hiring a divorce attorney and getting a divorce in Houston is a tough process to navigate. Especially if you have children, multiple homes, and other assets to discuss, this process can be cumbersome. It’s understandable if you need to take time and consider what it means to you to get a divorce. However, if you’re certain and ready to file, there’s helpful information you should know before you do.

For families, much of the hesitation to get a divorce comes down to your children and what’s best for them. You might have questions about certain aspects of your divorce, such as child custody, child support, alimony, visitation, and more. An informed and experienced divorce attorney can help with each of these concerns, working with you to offer the best solution.

Most people don’t get married thinking they will one day need to work out the intricacies of a divorce. Whether your decision needs quick action or it’s one that you’ve made over many years, the process is the same for couples across Houston. When you need a divorce, you must still file and go through the rest of the process, just as other couples in Texas do.

That’s why we put together this complete guide on what you need to know when filing a divorce in Houston.

How Long Does A Divorce Take In Houston Or Harris County?

Knowing how long it takes to get divorced is a question most people have. Especially if a mutual decision is made, people want to know how soon they can feel free from one another legally. As urgent as your need may be, Texas has its own rules. 

There is a minimum 60-day waiting period from the initial filing to the finalization of the divorce. They call this the cooling-off period. This gives you and your spouse a chance to consider your actions and whether or not you can reconcile. Otherwise, this gives you a chance to work with your attorney and gather the information you need to move forward. Having a divorce that is considered “uncontested” is the quickest way to sever ties with your spouse. This means you both agree on all terms with no disputes.

But wait! While Texas says you need to wait 60 days, that does not guarantee your divorce in that amount of time. If you have certain requirements or other specific contingencies, negotiations and mediation with your current spouse could be a lengthy process. This depends on how quickly you both can make and agree on terms, resolve disputes about assets and estates, and cooperate with one another. Considering these aspects could push your divorce to last several months or longer.

Let’s say you’re the one initiating your divorce. You will need to file as the petitioner to initiate the process of a divorce. This is called an Original Petition for Divorce.

Houston Divorce Process

You will need to participate in the following steps to get a divorce in Houston.

1. Serving Your Spouse

As the filing party or petitioner, you will file your paperwork with the court asking for a divorce from your spouse. Double-check with your attorney during this step to ensure you have all of the documents you need to file filled out with the right information.

2. Response Options & Timing

As soon as the other party is served with divorce papers, they have 20 days to respond. This means they’ll use the proper legal documentation to reply to your request as they still have a say in the matter. If they also would like to get divorced, their response shouldn’t be more complicated than agreeing to participate in the divorce moving forward.

If you’re on the receiving end, you are known as the “respondent”. You will want to mark down the deadline you need to respond by and hire an attorney if you don’t have one already. Failing to respond by not turning in a Respondent’s Original Answer in time can leave your case up to default judgment, oftentimes in favor of your spouse. This means you will not have a say in how your children are cared for, how your assets are divided, and so on. Once again, it is critical that you respond to divorce papers because the divorce can and will move forward without you.

Here is where an attorney can come in handy as there are a few ways you can respond depending on if:

• You share any children with your spouse
• The children are minors
• You have child custody and/or support already in place

You must fill in every line with accurate, clearly-written information. If you have questions about leaving a line blank or you’re unsure of its answer, talk to your attorney.

3. Enforcing Temporary Orders

This step in your divorce puts temporary rules in place when it comes to shared assets, children, bills, etc. If you and your partner can come to an agreement about these terms, you’re good to proceed. However, a decision will be made for you by the court or with a mediator if you cannot agree. If your case involves abuse from the other party, you will likely be placed under non-contact orders for your safety. 

4. Negotiations For Final Orders

Entering this part of your divorce requires a discovery period where you and your spouse are allowed to gather the information needed to make your case. The truth is, most divorces in Texas are handled outside of court. In fact, fewer than 10% of divorce cases see the inside of a courtroom. This is because litigation is a lengthy and expensive process. Most couples, while they may no longer want to be married, typically mediate or come to an agreement without the need for a judge. 

5. Taking The Case To Trial

If neither you or your spouse can reach an agreement, your case can head for trial. In this situation, your attorney will be key to organizing and presenting your case to the judge or jury to award you the best possible outcome. This process can last a few days or so. Ultimately, a decision by the judge will be made in the form of a final divorce decree, which maps out any division of assets, child custody or support terms, alimony, etc.

If you need to make modifications of any kind, you must petition the court for a change. It seems like a formal way of making changes, but it’s crucial that everything is documented and ironed out carefully so that both parties understand what’s go