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Texas Divorce Smart Divorce If you are contemplating filing divorce forms to start your divorce in Texas, there is good news, Smart Divorce can help make the process simple and affordable. Usually expensive attorney’s fees and a long drawn out divorce process is what you expect, but that doesn’t have to be true for you. There is an easier and more affordable option to filing your divorce forms in Texas.Texas Divorce can actually be fairly simple. How to get your Texas Divorce started If you want to start an uncontested divorce in Texas, you start by filing your documents with the District Court in the county where you or your spouse reside(Texas Code - Family Code - Chapters: 6.301), and you must have lived in Texas for a period of six-months prior to filing your Texas divorce forms. The process of getting the divorce started in Texas is really quite simple. If you and your spouse agree to the terms of the divorce, meaning that you agree on how to split the marital property and debts, and agree on the custody issues regarding any minor children you may have together, then a Petition for Divorce is filed by the Petitioner. After you file the divorce with the court in Texas After your Petition is filed, and all the other documents that accompany the Petition are filed, then the court will process the divorce. Steps are required, such as serving your spouse or having your spouse sign a waiver of service. If your spouse’s whereabouts are unknown, then your spouse is served by publication. Other steps are completed until finally the final hearing is set where the Judge signs the final divorce decree. Now this is a very simplified view of the divorce process, but for an uncontested divorce in Texas, it really is fairly simple. One of the most important steps to completing a divorce is making sure you start with court approved Texas divorce papers. If you want a successful Texas divorce, it starts with having the proper divorce documents. If you have children, the documents need to include provisions for custody, visitation and support. If there is marital property and debts, this will also need to be addressed in the documents. SOME IMPORTANT INFORMATION ABOUT FILING A DIVORCE IN TEXAS. Grounds for divorce in Texas: An uncontested divorce is usually filed on the No-Fault grounds that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. There are also “fault based grounds”, such as mental cruelty, adultery, imprisonment, abandonment, living separate and apart and insanity and confinement to a state mental hospital. Texas Divorce Residency Requirements: The Court in Texas will enter a decree of divorce after the court finds that one of the parties has been residing in the State of Texas for at least 6 months, and in the county where the divorce has been filed for at least 90 days.(Texas Code - Family Code - Chapters: 6.301) Property division in a Texas divorce: Texas is considered a “community property” state. This means that if the parties cannot agree on the distribution of property and debts, the court will be split equally by the District Court Judge. Child custody in Texas divorce: The court in Texas will always look to determine what is in the best interest of the child for the purpose of determining custody and parenting time and the court will always look to promote a mutual agreement between the parties. The court can order joint managing conservators, or appoint a sole managing conservator, depending on the wishes of the parties, or the findings of the court. Texas divorce and spousal support (alimony): Spousal support is not an exact science. The court will take many factors into consideration to determine whether spouse support will be awarded, the amount of spousal support and length of time that the spouse support will be paid. Some factors are: (1) financial status of both parties, (2) time necessary to gain employment, (3) the standard of living enjoyed during the term of the marriage, (4) the duration of the marriage, and other factors. IMPORTANT HINTS TO YOUR TEXAS DIVORCE: 1. Try and work out all the issues of your divorce. Don’t let the Judge decide for you. You usually know what is best for you and your children, so make the extra effort to work out all the issues with your spouse prior to filing your Texas divorce. 2. Identify the Priorities. Make sure you understand what is most important to you, and find a way to negotiate on those issues, and give you spouse what they want on items that are not as important to you. This will help you both compromise. 3. Remain Flexible. Remember that neither party is going to get everything they want. Be flexible and remember that there are 2 people involved in the divorce, and one way or another, all issues will be resolved – either by you or the Judge. 4. Educate yourself. Know the process or the divorce. When completing a Texas divorce with Smart Divorce, we will help you through the divorce process, so you know what to do each step of the divorce process. Smart Divorce can help you simplify the process of your Texas Divorce. For more information on completing your Texas divorce Smart Divorce, go to their website or give them a call. They can help you complete your divorce and provide you an affordable option for completing your divorce without paying thousands to a divorce attorney. If you want to get started with your Texas divorce, contact Smart Divorce today.