What You Should Know Before Filing for Divorce in Texas

When considering divorce in Texas, there are several important factors to consider. From deciding when to file, to understanding the process and grounds for divorce, each step can affect the outcome of your case. Here, we will break down key elements you should know before filing for divorce, including the significance of filing first, the process itself, and the best strategies to protect your interests.

When Should You File for Divorce?

One of the first questions that many individuals ask when contemplating divorce is whether they should file first or let their spouse file. There are a variety of reasons why you might want to be the one to file, but it ultimately comes down to your specific circumstances.

If you are concerned about your spouse taking drastic actions, such as hiding money, taking the children, or engaging in abusive behavior, filing first might be the best choice for you. In these situations, you may want to take control of the narrative and set the tone for the proceedings. By filing first, you can present your case to the court and make sure your story is heard before your spouse has a chance to respond. In Texas, the first person to file, also known as the petitioner, gets to tell their side of the story first. This can have a significant impact on how the case unfolds, especially if there are issues of asset protection, custody, or abuse involved.

The divorce process in Texas can feel overwhelming, but understanding the steps can help reduce stress and give you a clear roadmap. The first step in filing for divorce is to submit a petition. A petition is a formal legal document that outlines information about you, your spouse, any children involved, and the grounds for divorce. This document also includes any requests you might have for spousal maintenance, attorney fees, and the division of assets.

Once the petition is filed, it must be served to your spouse. Contrary to what you might see in movies or on TV shows, serving someone in a divorce does not have to involve dramatic confrontations. While it’s true that you can hire a process server or constable to hand the documents to your spouse, there are other, less confrontational ways to serve them. If you are hoping to maintain peace during the divorce, consider asking your spouse to sign a waiver of service. This option allows you to avoid a formal service process and can set the stage for a more amicable divorce.

What Are the Grounds for Divorce in Texas?

In Texas, there are several grounds for divorce. The most common and straightforward grounds for divorce is the “no-fault” divorce, where the marriage is considered “insupportable.” In other words, the relationship is broken beyond repair, and the couple can no longer live together as spouses. This is the most common ground for divorce in Texas and does not require proving fault or blaming one party for the breakdown of the marriage.

Some people may believe that accusing their spouse of adultery or other misconduct will give them an advantage in the divorce process, but this isn’t always the case. While adultery is a valid ground for divorce in Texas, it does not automatically mean you will receive a larger share of the marital estate. In some situations, filing for a no-fault divorce, even if you have grounds like adultery or domestic violence, may be the more strategic option. By keeping the divorce amicable at first, you can avoid unnecessary conflict and try to reach a resolution without starting a battle. If needed, you can amend your petition later to include grounds like adultery or domestic violence.

Why File First in Montgomery County, Texas?

In Montgomery County, Texas, there is an automatic standing order that goes into effect once you file for divorce. This standing order is composed of temporary injunctions that serve to prevent either party from engaging in certain behaviors during the divorce process. These injunctions can help protect you and your children from drastic actions such as hiding assets, moving the children out of the county, or making significant financial decisions that could affect the marital estate.

If you file first, the standing order goes into place immediately. This can provide you with added protection, particularly if you are worried about your spouse acting impulsively or maliciously during the divorce process. The standing order also prevents harassment or abusive behavior, ensuring that both parties behave in a civil manner throughout the proceedings. By filing first, you are in a better position to keep things under control and safeguard your interests.

What Are the Benefits of Filing First?

Filing first in Texas can have several advantages, especially if you are concerned about protecting your assets or children. By filing first, you take the lead in setting the tone for the divorce. You are the one who gets to tell your story to the court, and you are in a stronger position to shape the narrative of your case. Filing first can also give you the benefit of establishing temporary orders, such as child custody or support, that are crucial to the outcome of the divorce.

Additionally, filing first ensures that you are in control of the process. You get to determine the timeline and set the pace for the proceedings. This is particularly important if you want to avoid delays or complications in your case.

Conclusion:

The decision to file for divorce is never easy, but understanding the process and how it works in Texas can make a world of difference. Whether you file first or wait for your spouse to file, it is important to understand the steps involved and the potential impact on your case. Filing for divorce in Texas is a legal process that requires careful thought and consideration. From choosing the right grounds for divorce to understanding the standing orders in Montgomery County, knowing your options will help you protect your assets and children during this challenging time.

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