Introduction to Texas Divorce Law
Houston Divorce Lawyer Reviews the Marital Dissolution Process
John K. Grubb is a Houston divorce lawyer who understands that a divorce is one of the most stressful and traumatic events in your life. While divorce can be a long drawn-out process, our experience can prevent the “messiness” often associated with the legal procedure. Many times, our family law firm can help people come to common terms and prevent a court from deciding child custody or property division.
Getting divorced in Texas can break a family. John K. Grubb can help.
Starting The Divorce
The first step is filing a Petition for Divorce with the Court. The Petition for Divorce states skeletal information such as date of marriage, names, children’s names, social security numbers, addresses, birthdates, grounds for divorce, etc.
Notice To Your Spouse
After the Petition for Divorce is filed, your spouse must receive proper notification of the divorce proceeding from the Court. This is “serving your spouse with a citation.” A citation is an instrument drawn up by the Clerk of the Court which advises your spouse that a Petition for Divorce has been filed against them. It also advises that your spouse should file a written Answer on or before the Monday following twenty days after they are served, and that your spouse should consult with an attorney. The traditional method is to have the Sheriff, Constable or state licensed private process server serve a copy of the Petition for Divorce by hand-delivering it to your spouse.
An alternative method is to have your spouse sign a Waiver of Service before a Notary acknowledging that your spouse has received a copy of the Petition for Divorce. This waives the issuance and service of citation, and provides that your spouse will receive no further notice of the proceedings.
Another alternative is for your spouse’s attorney to file an Answer with the Court.
A final alternative, and one I use frequently, is to send your spouse a letter informing them that I filed a divorce on your behalf. I also request they immediately contact an attorney of their choice and have them contact me. I have found this is the least confrontational method to get the ball rolling.
Prior to filing your Petition for Divorce, you or your spouse must have resided in Texas for six (6) months and in the county where the Petition for Divorce is to be filed for ninety (90) days.
Grounds For Divorce
Texas divorce law has adopted the “no fault” ground. The usual ground is: “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.” In a few cases, it may be appropriate to allege other grounds such as cruelty, adultery, abandonment, living apart, etc. Occasionally, a spouse will say “I am not going to give you a divorce.” In Texas, you are going to get a divorce because you want it, regardless of what your spouse wants.
Who Should File First
There is no legal significance as to which party files first. However, there are certain strategic trial advantages in being the first to file. Also, frequently there is a psychological advantage to the filing party.
Specifics within a Divorce
- Contested Divorce
- Uncontested Divorce
- High Net Worth Divorce
- International Family Law Cases
- Texas Divorce Initiation Procedures
Other Common Divorce Issues
Need More Information About Texas Family Law and the Divorce Process?
John K. Grubb is a high asset divorce lawyer who has been practicing Texas family law for over 30 years. He is board certified in Civil Trial Law by the Texas Board of Legal Specialization with an MBA in accounting and finance. If you are looking for options and solutions, reach out to the Houston divorce attorneys at our firm today for a consultation.