Who should file first for divorce 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 an advantage to filing for divorce first in Texas?

Advantages of Filing for Divorce First

Making Your Plea – when you file first, you can set the tone of the divorce by pleading fault or no fault. Although this plea can change during the proceedings, it can help your case, depending on the circumstances.

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.

IMPORTANT:  How do I prepare for a divorce in Ohio?

Is it better to be the petitioner in a divorce?

The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first. … This advantage is not big enough to rush your divorce.

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.

Does it matter who files for divorce 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).

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.

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.
IMPORTANT:  Frequent question: How long do you have health insurance after divorce?

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.

What should a wife ask for in a divorce?

Considerations to Make About What to Ask for in a Divorce Settlement

  • Marital Home. …
  • Life Insurance and Health Insurance Policies. …
  • Division of Debt. …
  • Private School Tuition and College Tuition. …
  • Family Heirlooms and Jewelry. …
  • Parenting Time. …
  • Retirement Funds.

What can you not do during a divorce?

What Not To Do During Divorce

  1. Never Act Out Of Spite. You may feel the impulse to use the court system to get back at your spouse. …
  2. Never Ignore Your Children. …
  3. Never Use Kids As Pawns. …
  4. Never Give In To Anger. …
  5. Never Expect To Get Everything. …
  6. Never Fight Every Fight. …
  7. Never Try To Hide Money. …
  8. Never Compare Divorces.

What are the five stages of divorce?

There are two processes in divorce.

The emotional process can be broken down into 5 stages: Denial, Anger, Bargaining, Depression, and Acceptance.

How do I start the divorce process?

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred.

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.

IMPORTANT:  What if spouse doesn't sign divorce papers in California?

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 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.