How To File For Divorce In Houston
By Cassandra Daniels | October 21, 2022
Knowing how to file for divorce in Houston is tricky without trusted legal guidance. Every year, many people attempt DIY divorces and file on their own. But a divorce requires much of your time and attention. Plus, the outcome can have serious effects on your everyday life. This is why it’s highly suggested that you have a seasoned divorce attorney in your corner.
Hiring a divorce attorney will help you answer more intricate questions, such as, “What will happen to my kids?” or “Do I need to pay my spouse alimony?” If you have these or similar questions, find a lawyer familiar with divorce and family law. Doing so will allow you to navigate laying out terms for matters such as child custody and child support.
These types of questions are tough to answer on your own. But there is a time and place to seriously consider what you want to do before filing for divorce. Look at the 6 essential steps to getting a divorce in Houston.
Looking for a divorce attorney in Houston? Call the Daniels Law Firm today.
6 Essential Steps To Filing For Divorce In Houston
Divorce can be complicated, especially if you have children, multiple holdings, or even a business together. But the steps for a divorce remain consistent across the state of Texas. So, if you’re wondering how to file for divorce in Houston, take a look at the following six basic steps.
1. File A Suit To Initiate A Divorce Proceeding
To start the divorce process, you will want to work with your attorney to file a petition. Your divorce lawyer will be far more familiar with which forms to fill out and how to do so properly.
Common Mistakes People Make Filing For Divorce In Houston
You can file independently, but it’s best to have an attorney to avoid making common mistakes that could ultimately hold up your divorce proceedings. This is because many assume that handling their divorce on their own will be faster and easier. However, you should be aware of the misconceptions about do-it-yourself (DIY) divorces. A few mistakes people can make with a DIY divorce:
- Incorrectly filling out forms
- Filling out the wrong forms
- Rushing through the process
- Missing deadlines
Ensure your divorce goes as smoothly as possible with the help of a divorce attorney to guide you.
Can I Get A Divorce Without Going To Court In Texas?
Yes. Since the pandemic, many processes have switched to digital operations to avoid meeting in person.
2. Receive A Response
Your spouse will have a certain number of days to respond to your suit, and your attorney will also be aware of this. On the other hand, if you fail to respond on time, your spouse may move forward with the divorce without you. If you’re on the receiving end of the petition, you will also want an attorney to assist you in responding to the suit correctly and on time.
You may wonder, “How quickly can I get a divorce in Texas?”
Occasionally, divorces are “uncontested,” meaning you and your spouse agree on all aspects of the divorce. You have nothing else to negotiate and are okay with moving forward. It’s critical to keep in mind that Texas requires a “cooling off” period, which means the fastest your divorce can be finalized is in 60 days from the time you initially filed.
3. Temporary Orders If Required
If necessary, a temporary order may be placed for you, your children, or your property’s protection while your case is ongoing. Either party can request a temporary order by filing the right documents. A temporary order hearing will likely be required so the judge can hear both sides, and if approved, any orders could stay in effect until your divorce is finalized. Talk to your attorney and have them guide you through this process to avoid further stress regarding the situation.
4. Negotiations Should Be Clear Cut To Avoid Trial
You will have to decide on dividing your assets, alimony, child support, child custody, and other requirements.
If you have specific terms in mind, this is another aspect where having a divorce attorney helps. They can think past your emotions and focus on logical strategies to give you the best possible outcome. Then, you can move forward if an agreement is made.
For parents, it’s suggested that you look into parenting classes. You may not need them, but to a judge, you will look better if you take the initiative and complete the course. Harris County offers a few provider options for parenting classes, including:
- DePelchin Children’s Center
- Family Houston
- Rainbow of Love
- Parenting Choice
- Family Time Crisis & Counseling Center
However, you may end up in court if there is continual disagreement. Don’t worry about this too much. More than 90% of divorce cases settle or mediate before needing to go to trial.
5. Going To Court
If your divorce sees the inside of a courtroom, you will need a divorce lawyer capable of creating a solid strategy to win your case. A divorce attorney will evaluate your needs and let you know how they can assist you going forward. There is no quick timeline for going to trial, so be prepared for your divorce to take longer than you may expect. The reason for the extended timeline is for your attorney to prepare, research, and design an action plan with your interests at the forefront.
Costs Of Going To Trial For Your Divorce
The cost of a divorce varies depending on a number of fluctuating factors. Many individuals and couples are concerned with how much it will cost to get a divorce. This is also a common concern for parents of one or more children regarding child custody and child support. This is another reason why having an attorney who knows the ins and outs of family law helps.
These particular matters are intricate and require research, strategy, and negotiation. This also assumes that your spouse will be responsive and cooperative throughout the divorce proceedings. Asking for alimony is another detail you’ll want to discuss with an attorney.
6. Finalizing Your Divorce In Houston
If you and your spouse are able to reach an agreement, you can move forward with finalizing your divorce. You will want to discuss the details with your attorney in case they have any other suggestions or recommendations. An experienced divorce attorney will answer your questions, guide you through the process, and help put your mind at ease before everything is made final.
It’s important to remain cooperative and responsive to your attorney while going through the final stages of your divorce. Doing so will better ensure that the process moves along as swiftly as possible.
How To File For Divorce In Houston With An Effective Strategy On Your Side
Need guidance on how to file for divorce in Houston? Daniels Law Firm is familiar with various aspects of family law, and she stands up for her clients’ needs while making the process as seamless as possible.
Divorce can be stressful. Have an effective strategy and trusted legal counsel at your side. Reach out to Daniels Law Firm today.
The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Daniels Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.