Imagine that you need to buy groceries. The cupboards at home are all bare. There is nothing to eat as far as you can tell. Your refrigerator is empty, and you have nothing frozen. It’s time to head to the store to re-stock your supplies. The problem is, you don’t know where a store is located. This situation is similar to filing a divorce petition in Texas without knowing the basics. All the fanciest maps and other tools available won’t do you any good in this situation. You need to understand where to start with filing a divorce petition in Texas. Not just what you need to do, nor how to approach the shopping trip. Like filing a divorce petition in Texas, you just need to know the basics.
Take this hypothetical situation involving grocery shopping and it looks similar to one involving filing a divorce. Specifically, before you file your case you need to know that where you are filing is correct. While we’re on the subject- “where” isn’t something that is made apparent to you. Just because you want to file for divorce does not mean that it is made abundantly clear how or where to do so. Where can you turn for help?
The Law Office of Bryan Fagan is where. In today’s blog post, we are going to share with you some tips and valuable information on how to find out where you need to file your divorce. We know this is not a simple process. Our attorneys are going to share with you step-by-step, granular information on filing for divorce.
Does Texas have legal separations?
One of the common questions that the attorneys with the Law Office of Bryan Fagan receive regarding divorce has to do with separations. Specifically, whether the State of Texas has any laws regarding “legal” separation. The question has less to do with whether the state allows married people to separate. In this instance, the question has more to do with any laws that relate to physically separating yourself from your spouse.
In Texas, there are no laws on physical separation. You are free to physically separate yourself from your spouse. For many spouses, this looks like moving away and out of the marital residence. However, know in advance that you are still married to your spouse even if you move. It does not matter how far or for how long you have been physically separate from him or her. The point is that you are married until you obtain a divorce.
This should give you a reason for pause. Considering your options is a good thing. Making sure that you need the divorce before you file is wise. The last thing you want to do is file for divorce and then realize that you’ve made a mistake. It is much easier to try and reconcile with your spouse when a divorce has not been filed. What does this tell you? That having a plan when you file for divorce is critical to your success.
Be intentional about the divorce process
Whatever you decide to do concerning your marriage, make sure that you have a plan. In other words- be intentional. Being intentional regarding a divorce means not jumping into anything. Be thoughtful about filing for divorce. If you think that there is any opportunity to settle your case you should try to talk to your spouse. Don’t just assume that he or she will be unwilling to try counseling or therapy. Rather, you should work with your spouse to try and settle your differences before divorce. Again, this is an option best attempted before the divorce is filed.
Once you are sure that a divorce is in your best interests you need to be intentional about the process. For instance, many people who find themselves interested in a divorce do not know how to begin a case. This is understandable. However, eventually, you need to put in the work to learn more about divorce. Learning the basics about a divorce means having the practical knowledge that can help you avoid costly mistakes.
For today’s blog post, we are focusing on the mistake of trying to file your divorce in the wrong place. A good rule of thumb to go by is that if you do not know where to file for divorce you should not move forward quite yet. Learn the rules that Texas has regarding divorce and then decide to act. Doing so too soon leaves you susceptible to filing for divorce in the wrong place.
Where is it appropriate to file your divorce?
You probably have a general idea that it is appropriate to file for divorce in a court of some kind. It doesn’t take a legal scholar to know that, after all. However, there are seemingly a million courts in your area. Which is the correct one? By figuring out the answer to this question you would know the basic information necessary to file for divorce. A discussion on where to file for divorce means we need to explain the term “jurisdiction.”
Jurisdiction means a court’s ability to hear arguments and issue decisions related to a legal matter. When a court has jurisdiction over your case it allows a judge to hold hearings. A hearing is where information and evidence are provided to a neutral judge. That judge has the responsibility to issue decisions and rulings that impact the divorce that has been filed. A judge with jurisdiction is free to hear legal arguments and make rulings regarding the arguments.
To you, a person contemplating divorce, that may sound great. You and your spouse have been unable to agree on much of anything in recent months. The course of your marriage seems headed directly at divorce. Something must give, you figure. The divorce is an opportunity for you and your spouse to start to work towards resolutions to the various issues plaguing your marriage. You may not be able to remain married, but you can work towards resolving the problems.
How does a court gain jurisdiction over your divorce?
All of this begs the question of how a court gains jurisdiction over your case. You know that you want a judge to help you end your marriage. However, you are not sure where to go from there. What is the appropriate judge or court to file your case in? In Texas, your case would likely need to be filed in a district or county court. These are the courts where it is typical for a specific court to be designated as a family court. In smaller counties, there may be one court that hears all civil (non-criminal cases). On the other hand, in larger counties, there are likely multiple civil courts that house family courts.
There is an analysis to undertake to learn which court is an appropriate court to file your divorce in. We start by determining whether you have been a resident of the state of Texas for at least the past six months. Resident means that you consider Texas to be your “home.” This does not mean that you need to have spent the past six months in Texas consecutively. Rather, your primary residence is in Texas. You receive your mail at a Texas address, are registered to vote here, etc.
Questions about residency and jurisdiction? Contact the Law Office of Bryan Fagan
Some of you who serve in the military or work for the government in other capacities may have legitimate questions about where your residency lies. For specific questions about these issues please contact the Law Office of Bryan Fagan today. Our licensed family law attorneys offer free of charge consultations six days a week. These consultations are a great way for you to learn more about where to file for divorce.
That’s just a starting point, as well. Our attorneys know how to guide you in divorce because we have done so for thousands of your neighbors here in Texas. Not only have we been able to serve on behalf of many Texans in divorce cases but we have accomplished goals that our clients held to be very important. Our experienced attorneys know the law but we also know how to achieve goals.
Interested in learning more about our office and the services we have to offer? Contact us today for a free of charge consultation. We can meet with you in person at one of our office locations around Texas. If you prefer a video consultation or a phone call we can meet with you those ways, as well.
Texas resident? Then determine the appropriate county to file your divorce in
Now that you are sure that you have been a resident of Texas for at least the past six months you can move on to the next step of the analysis. For you to file for divorce you need to be a resident of a county for at least the past ninety days. Again, residency means that your primary residence is in a specific county. Where you consider “home” to be is a good indication of where your residency lies.
Here’s the trick that we have not talked about yet. Remember when we spoke earlier about physically separating yourself from your spouse? Some of you may be in situations where you and your spouse have been living separately for an extended period. Now, it could be that the two of you still live close by to one another. However, it could just as well be that the two of you have moved farther apart.
If you and your spouse reside in different counties that gives you options on where you would like to file your case. You can file in the county where you reside or in the county where your spouse resides. Travel and time make it simpler for you to file for divorce in your home county. This would theoretically give you an advantage as far as going to court if you had to do so.
How can you proceed if you and your spouse reside in different counties?
Just as you have the option to file for divorce in either your or your spouse’s “home” county, the same applies to your spouse. Just because you are the person planning a divorce does not mean that your spouse is not also planning a divorce. This is especially true if you all have not spoken in some time. In situations like this, you need to make decisions efficiently. This does not mean rushing into a divorce. Rather, it means having a plan and knowing how to decide to file for divorce if need be.
In some situations, you can reach out to your spouse to talk about the situation. This conversation would not necessarily involve attempts to reconcile. Rather, you and your spouse could discuss your mindset about divorce. If you both want to file for divorce then you may be able to coordinate your efforts in doing so. What you want to avoid is a situation where you file for divorce in your county of residence and your spouse does the same.
When you and your spouse both file for divorce in separate counties, the courts would need to coordinate on which case proceeds. It may be the spouse who filed the divorce first gets the case in their county. However, other factors may be evaluated by the courts to arrive at a decision. This is where working with an experienced family law attorney can make a tremendous difference in your case.
What do you file to start your divorce?
Now that you know where to file your divorce it is worth asking what you need to file. An Original Petition for Divorce is a pleading that needs to be filed to initiate a divorce. The divorce petition is a relatively short and simple document in many cases. Your petition introduces the court to you, your spouse, and your minor children, if any. The petition may set forth your fault grounds for divorce that you would like to allege. Additionally, you may petition (ask) the court for relief regarding any number of topics related to your case.
Along with your petition, you may choose to file a motion for temporary orders. Temporary orders act as guiderails for you and your spouse during the divorce. Every process requires some ground rules. Temporary orders act as the ground rules for your divorce. You may request temporary orders regarding the use of your home, vehicles, and other property. Additionally, you may ask the court to assess temporary child support and visitation orders to help you and your spouse manage child care during a case.
Once you have your petition and temporary orders ready to file you may do so in the court with jurisdiction. The court would be able to accept the documents and prepare them for service. Your spouse has a right to be personally served with notice of the divorce. Filing for divorce initiates the case but does not truly begin the process. Rather, once your spouse has been served with notice of the divorce then your case hits the ground running. A private process server or law enforcement officer may be utilized to perform the service.
Avoid problems by working with an experienced family law attorney
Getting your case started on the right foot makes a big difference in a divorce case. Without a doubt, some mistakes can be made in filing your case. For example, filing a divorce petition Texas in the incorrect county may mean losing time and money. There are filing fees associated with a divorce that you do not necessarily get back if you file your divorce petition Texas in the incorrect county court. Filing your divorce petition Texas in a court without jurisdiction costs you time, as well. Your spouse may use that opportunity to file for divorce in the correct county and catch you by surprise.
Working with an experienced family law attorney can help you avoid many of the issues associated with filing a divorce petition Texas in an incorrect county. Knowing how to begin a journey is crucial. As an old saying goes—the journey of a thousand miles begins with a single step. Getting that first step right means getting your journey off to a good start. Whether it’s climbing a mountain or filing a divorce petition Texas, it helps to have a support system along the way.
The attorneys with the Law Office of Bryan Fagan have acted as the support system for many Texas families going through divorce. The ability to serve families in the family courts of Texas drives our attorneys to perform their best each day. We place the interests of our clients first and foremost. We appreciate your interest in our law office. The Law Office of Bryan Fagan posts unique and informative content about the world of Texas family law each day on our blog.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
