Do It Yourself Divorce in Texas

A Do It Yourself Divorce in Texas Guide

If you’re a resident in Texas seeking a divorce with your spouse, here’s what you need to know to do to get the process going.

A Divorce Petition

A do it yourself divorce in TX typically starts with a ‘divorce petition,’ a document obtained from a legal aid service from within the state. This petition is written only by one spouse, commonly known as the Petitioner or Plaintiff, and it is then served to the other spouse.

Upon receipt of the petition, a copy of the document is sent to the state court in the county where either spouse resides.

What Is Included in a Divorce Petition?

Any do it yourself divorce in Texas would include the name of the husband, name of the wife, and the names of any children. It will also state if there’s a separate property involved, or community property, hence the reason to discuss property distribution. Child custody and child support will also be included. Spousal support may or may not be additions into the petition.

Steps Toward Serving the Petition

For a do it yourself divorce in TX, getting the petition – also known as the “divorce papers” – to the other spouse, this delivery also known as the “service of process,” is as simple as showing up personally to hand them over. The other spouse, at this time known as either the Respondent or Defendant, simply signs the papers, saying that he or she has received the divorce papers. A Respondent or Defendant, however, can refuse signing – or can even be difficult to locate. In that case, any Plaintiff or Petitioner can hire a professional server to conduct the “service of process” accordingly.

Once the Petition Is Served….

Once the papers have been signed, there’s a waiting period in the state to get everything settled as well as automatic restraining orders on both the Petitioner or Plaintiff and Respondent or Defendant. Both spouses cannot take any children out of state nor sell any property until the petition has been finalized. In addition, neither spouse can borrow against property, or borrow or sell insurance maintained during the marriage.

It is also possible that the Respondent or Defendant can file a “response” to the petition, either stating that he or she agrees. If a response is filed stating an agreement, a petition may move a lot quicker and may never even enter in court for common procedure.

However, if a Respondent or Defendant states that he or she doesn’t agree….

What Happens When One Spouse Doesn’t Agree With the Terms of the Divorce?

Typical reasons for disagreement during a do it yourself divorce in Texas may include everything from property distribution to child custody. A Respondent or Defendant may even disagree with the divorce entirely.

In this case, proceeding to court would be the next step. Attorneys may be present to make a case, determining whether counseling is necessary. Depending on the disagreements, discussions on anything in regard to child support, child custody, and even alimony are pretty common.

When a do it yourself divorce in TX goes through all the discussions and there is an agreement as to how to proceed, the waiting period simply commences on until there’s a final decision from the court on judgment of divorce.