When facing divorce, many people want to complete the process as quickly as possible so they can begin to move on from the painful situation. However, factors like asset division, child custody, and spousal maintenance can have an enormous impact on the futures of everyone involved, and obtaining a court judgment that protects your best interests will be difficult without professional support.
Attorney Michael Cramer is here to provide legal counsel and advocacy backed by 30+ years of experience. While many law firms process cases like mills, The Cramer Law Group prioritizes the client experience. You can expect personalized, one-on-one support from Attorney Michael Cramer at every step of the legal process, helping you understand everything you need to know about filing for divorce in Texas.
Let our Dallas divorce attorney protect your family’s wellbeing. Schedule your free consultation by contacting us online or calling (972) 833-8330 today.
Filing for Divorce in Texas
To file for divorce in Texas, you or your spouse must have lived here for at least the last six months. You must also have lived in the county where you are filing for at least the last 90 days. You will need to pay one or more fees, depending on your county and whether you are serving your spouse with divorce papers. Contact the appropriate district clerk’s office to determine how much the divorce fees may cost. If you cannot afford the fees, you may be able to obtain a waiver.
The entire divorce process will take at least 60 days, except under certain circumstances (e.g. your spouse has been convicted of a crime involving family violence). The easiest and fastest type of divorce is an agreed divorce, in which you and your spouse both want the divorce and agree on all terms.
Your Options When Served with Divorce Papers
If you are served with divorce papers, you are considered the respondent, and your spouse is the petitioner.
You generally have three options with divorce papers:
Do nothing. If you do not file an answer, your spouse will be able to complete the divorce process without you. The court will issue a default judgment, and you will not have a say in any of the terms (e.g. property division, child custody, spousal maintenance, etc.).
File an answer. If you want to have a say in the terms of the divorce, you will need to file an answer. You will have about three weeks to do so.
File an answer and a counter-petition. If you disagree with the terms your spouse included on the original petition, you can file a counter-petition, which outlines what you believe the terms should be.
Retaining professional support during a divorce is critical—especially if you and your spouse do not agree on all the terms. The sooner you get in touch with The Cramer Law Group, the sooner our Dallas divorce lawyer can begin working on your case and helping you advance your best interests. Our attorneys are experts in Texas family law and can help you protect you and your family.
Property Division in Texas
Unlike most states, Texas is a community property state, which means that property acquired by one spouse during the marriage is equally owned by both spouses. This rule applies to debt, as well.
Generally, community property laws apply no matter whose name is on the title of any given property. Unless it was acquired before the marriage, given as a gift to just one spouse, or inherited by one spouse, property is considered jointly owned.
That said, the judge will not necessarily divide assets and liabilities 50/50. Instead, the judge will establish a property division plan that is fair, and they may consider many different factors before completing this process. That's why we recommend speaking with a Dallas divorce lawyer near you to help you navigate Texas divorce laws.
Let The Cramer Law Group alleviate the stress of this process and help you achieve the most favorable resolution possible. Call (972) 833-8330 or contact us online today to speak with our Dallas & Rockwall divorce lawyers.
Commonly Asked Questions
What are the residency requirements for filing for divorce in Dallas, Texas?
To file for divorce in Dallas, Texas, you or your spouse must have been a resident of the state for at least six months prior to filing. Additionally, you must have lived in the county where you plan to file for at least 90 days. These residency requirements are essential to ensure that the Texas courts have jurisdiction over your divorce case.
How long does the divorce process take in Texas?
The divorce process in Texas takes a minimum of 60 days due to the mandatory waiting period. However, the duration can vary significantly depending on the complexity of the case, whether it's contested, and how quickly both parties can reach an agreement on issues such as asset division, child custody, and spousal maintenance.
What should I do if I am served with divorce papers in Dallas?
If you are served with divorce papers in Dallas, you have several options. You can choose to do nothing, which will likely result in a default judgment against you, or you can file an answer to have a say in the divorce terms. If you disagree with the terms proposed by your spouse, you can also file an answer along with a counter-petition to outline your desired terms. It's crucial to seek legal counsel to protect your interests.
Why is it important to hire a Dallas divorce lawyer?
Hiring a Dallas divorce lawyer is important because they can provide you with the necessary legal guidance and representation to navigate the complexities of Texas family law. A lawyer can help protect your rights and interests, especially in contested divorces or when you and your spouse cannot agree on key issues. They can also assist in negotiating fair terms for asset division, child custody, and other important matters.
How does property division work in a Dallas, Texas divorce?
In Dallas, Texas, which is a community property state, most property and debt acquired during the marriage are considered jointly owned by both spouses. However, the division of assets and liabilities in a divorce is not automatically 50/50. A judge will aim to divide property in a manner that is fair, taking into account various factors. It's advisable to consult with a Dallas divorce lawyer to understand how these laws may apply to your specific situation.
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