Does it matter who files for divorce first in Texas?

In Texas divorce cases, it does not matter who files first. In other words, it does not make a big difference who is the “petitioner” (i.e. the person who files first) or who is the “respondent” (i.e. the person who responds to the divorce petition).

Is there a benefit to filing for divorce first in Texas?

One advantage to filing first is that you get to talk first in court. That can be an advantage at times, but other times it is advantageous to talk second and get the last word in. Another advantage is that if you file first, you can set the initial tone and the speed of the case.

Is there an advantage to who files for divorce first?

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. … This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets.

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Does it matter who initiates divorce?

By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. In deciding when to file you don’t need to worry about a reason. … This means the reason for the divorce doesn’t matter.

What is the first step in filing for divorce in Texas?

However, the general steps include the following:

  1. Filing the petition. One of the parties must first file a petition with the court called the “Original Petition for Divorce” (along with paying the requisite court fee). …
  2. Legal notice. …
  3. The hearing. …
  4. The final decree. …
  5. The assistance of a family law attorney.

How long do you have to be married to get alimony in Texas?

Typically, to qualify for alimony in Texas, the marriage must have lasted at least ten years and the obligee (person requesting support) must be unable to earn enough to meet basic needs.

Do you have to have a lawyer to file for divorce in Texas?

In Texas, an uncontested divorce can be filed without an Attorney. … Filing for an uncontested divorce in Texas and obtaining a final decree of divorce is much simpler, less expensive and less stressful than filing for a contested divorce, because a contested divorce requires a trial before a judge.

Is there a disadvantage to filing for divorce first?

The Disadvantages of Filing First

You Alert Your Spouse to Your Demands –When you petition for a divorce, you usually have to list your desires or demands. … Sometimes Pay More Fees – The individual who petitions for divorce first might have to pay the filing fees.

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Should I tell my spouse I’m filing for divorce?

Do I have to tell my spouse? No. Technically you can wait until your spouse is served with divorce papers, and have the papers do the telling. It may be considered bad form in most cases — except for abuse — not to have a conversation, however.

Who pays for a divorce?

The simple fact is that the petitioner always pays the divorce fees. The person filing for the divorce (known as the Petitioner) will always pay the divorce filing fee.

Who files for divorce the most?

Wives are the ones who most often file for divorce at 66 percent on average. That figure has soared to nearly 75 percent in some years.

How should a woman prepare for a divorce?

To help make the process just a little bit easier, we compiled Naser’s best advice that every women getting divorced needs to hear.

  1. Start a War Chest. …
  2. Keep a Divorce Calendar. …
  3. Stay Organized. …
  4. Stay Off Social Media. …
  5. Stick To a Routine. …
  6. Be Constructive. …
  7. Make a Plan. …
  8. Gather Financial Information.

Is it better to be a plaintiff or defendant in divorce?

There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant. … Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.

What are grounds for filing for divorce in Texas?

Texas grants divorces based on the following fault grounds: adultery, cruelty, felony conviction and abandonment. Adultery means one spouse has committed adultery. Cruelty means that one spouse treated the other in such a way that the marriage and living together was insupportable.

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How long does a divorce take in Texas?

Texas requires a 60-day “cooling off” period once a petition for divorce has been filed. Once the 60-day period has passed, a divorce order may be entered. Therefore, if the parties have come to a full agreement, they could be divorced in as little as two months. Typically, even uncontested cases take 90 to 120 days.

How much does a divorce cost in Texas?

The average cost of a divorce in Texas is $15,600 if there are no kids involved and $23,500 if there are kids involved. That makes the state the fifth highest in the country for divorce cost, according to USA Today.