When you are considering separating from your spouse and legally ending your marriage, you might be wondering what to expect from the divorce process in Frisco. Going through a breakup is never easy, but a local divorce attorney could help you prepare for the future.

To learn more about the divorce process—from the filing of your petition in Texas family court to obtaining the final decree—reach out now for dedicated assistance.

Grounds for Dissolution of Marriage

Before filing a petition for divorce, the spouse who is filing needs to determine the grounds for the dissolution of the marriage. This is essentially the legal justification for a divorce. In Texas, there are a variety of reasons a couple may file for divorce, including:

  • Cruelty
  • Adultery
  • Separation
  • Abandonment
  • Criminal conviction
  • Confinement to a mental institution

Most divorces end up being no fault filings, meaning the couple mutually agrees the marriage should be dissolved and neither party is to blame. It is important to consult an attorney about the grounds for divorce, as it could significantly impact factors like spousal support, child custody, and other terms of the couple’s divorce.

For more help navigating the process of a divorce in Frisco, an attorney could explain the implications of filing no fault verses identifying grounds for divorce like adultery.

Filing a Petition for Divorce

Next, once the grounds for divorce are identified, a petition for divorce must be filed. The filing spouse is known as the petitioner, and the other spouse is the respondent in the divorce proceedings. The divorce complaint begins the process of the Frisco couple’s legal separation.

There are certain legal requirements for filing for divorce in Texas. The person filing must have lived in the state for at least six months and the petition should be filed in the county that either spouse has lived in for at least ninety days. A legal professional could assist with the preparation of the divorce petition, filing it in the appropriate court, and paying necessary fees.

Notifying Spouse

Once a divorce petition is filed, Texas law requires giving notice to the other spouse. Notice can be given in a variety of ways, such as:

  • Mail
  • Publication
  • Having the person sign a waiver
  • Hiring a constable or process server

If an evasive spouse is refusing to accept the papers, an attorney could find alternate ways to satisfy the notice requirement and move forward with the process.

The Divorce Hearing

After the other spouse is notified, they have 20 days to respond with an answer and counterpetition, if they choose. Both parties can indicate their preference for the terms of the divorce in their initial papers, but ultimately the court will decide these issues at the hearing. Uncontested divorces are much easier to resolve since the couple has an idea of how they want to handle the process. Conversely, when a case is contested, it could go to trial and cost a lot of money.

At the hearing, the judge will make determinations about child custody, child support, spousal support, and the division of property. If the couple has any other issues to resolve, the court will attempt to address the issues. Be sure to consult a lawyer about the terms of a divorce before entering into a marital settlement agreement of any kind.

The Final Divorce Decree

The court cannot grant the divorce petition until at least 60 days after it was filed. Once all the terms of the divorce are decided, the judge will grant the petition. Afterward, the final divorce decree will be available. It must be signed and filed with the clerk’s office to be considered valid.

Hire a Frisco Attorney for More Advice During the Divorce Process

The divorce process in Frisco can be complicated and emotionally overwhelming for couples. As seasoned family law attorneys, we are here to alleviate this burden. The dedicated legal professionals at Towson Law Firm, PLLC could advise you about your rights and help you come to an agreement with your spouse.

Contact us to schedule your confidential consultation.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson