Texas Divorce Process Explained in 3 Steps | Divorce Simplified | Law Office

Summary

In this video, Chris Schmiedeke from Divorce Simplified walks viewers through the basic process of divorce. He explains how a divorce involves splitting one household into two, dividing assets, and determining custody arrangements. The process begins with filing a petition for divorce and includes the steps of service or waiver of service, followed by the final decree. Chris emphasizes the importance of proper documentation, the roles of both parties, and the possibility of handling a divorce independently, though recommends hiring an attorney for smoother proceedings.

Takeaways

• 😀 Divorce is the process of splitting a household into two, dividing property and determining child custody.
• 😀 The first step in a divorce is filing a petition for divorce, which is a formal request for divorce submitted to the court.
• 😀 To file for divorce, you need to have lived in the county for at least 90 days and in Texas for 6 months.
• 😀 Once the petition is filed, the other spouse must be served notice of the divorce through physical service or a waiver of service.
• 😀 Service of process is crucial, and the court requires proof that the spouse has been properly notified of the divorce petition.
• 😀 After service, the next step is creating a final decree of divorce, which includes the division of property and child custody arrangements.
• 😀 The final decree is created by the parties or their attorneys and must be presented to the court for approval and signature.
• 😀 There are two ways to finalize a divorce: by reaching agreements on all issues or by having a judge decide the contested issues.
• 😀 If both parties agree, they can create a final decree that reflects their agreement, sign it, and submit it to the court for approval.
• 😀 If the parties cannot agree, the judge will make decisions regarding property, child custody, and other issues, and the final decree will reflect the court's rulings.
• 😀 While it is possible to handle a divorce without legal representation, hiring an attorney is recommended for smoother proceedings and to ensure documents are done correctly.

Q & A

What is the basic concept of a divorce as explained in the video?

A divorce is the process of dividing one household into two. This includes the division of property, which both spouses brought into the marriage and the property acquired during the marriage. Additionally, arrangements for children, including custody and living arrangements, must be made.

How does the divorce process start?

The divorce process begins by filing a petition for divorce. This document requests the court to end the marriage and is typically filed in the county where the person seeking the divorce resides.

What is an 'Original Petition for Divorce'?

An Original Petition for Divorce is a legal document filed in court that officially requests a divorce. It contains the details of the person filing for divorce and the desired terms of the divorce, including property division and custody arrangements.

What does 'service' mean in the context of divorce?

Service refers to the process of formally notifying the other spouse about the divorce petition. This can be done by having a process server deliver the petition or through a waiver of service, where the other party agrees to forgo the formal service.

What is a waiver of service?

A waiver of service is a document signed by the spouse who did not file for divorce, stating that they waive the formal notification of being served with divorce papers. This must be notarized and filed with the court to proceed with the divorce.

Why is it important for the other party to be served or waive service?

It is crucial for legal notice to be given to the other spouse to ensure that they are aware of the divorce proceedings. Without proof of service or a waiver, the court may not proceed with the case.

What is a final decree of divorce?

A final decree of divorce is a legal document that officially ends the marriage. It outlines the division of property, custody arrangements for children, child support, health insurance responsibilities, and the possession and access schedule for the children.

Who creates the final decree of divorce?

The final decree of divorce is typically created by the parties or their attorneys, not by the court. It reflects the agreements between the spouses or, in the case of a contested divorce, the court's ruling.

Can a divorce be finalized without an agreement between the spouses?

Yes, if the spouses do not reach an agreement, the case will go to court where a judge will make decisions regarding property division, custody, and other divorce-related matters. After the judge's ruling, a final decree will be created reflecting the court's decisions.

Can someone handle a divorce on their own, or should they hire an attorney?

While it is possible to handle a divorce on your own, it is often advisable to hire an attorney. An attorney can ensure that the necessary documents are completed correctly and that the process is handled efficiently and legally.