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Divorce petition needed to start divorce proceeding

On Behalf of | Jan 25, 2019 | Firm News

The thought of breaking free from your marriage and starting a new stage of life, where you live independently, may be appealing if you are unhappy in your marriage. However, you may understandably be unaware of how to kick-start your divorce process.

An essential first step in divorce in Texas is to file your divorce petition. Here is a glimpse at what the petition-filing process involves in the Lone Star State.

Your divorce petition’s purpose

Filing your divorce petition is an important part of the marital breakup process because the document essentially explains to the family law court that you want to end your marriage. After you have filed this petition, someone must serve it to your future ex-spouse. This lets the other party know that your divorce process is in full swing.

What details need to go in the petition?

You can include the following pieces of information in this document:

  • Both spouses’ names
  • Your home address
  • Your wedding location
  • Your wedding date
  • Your shared children’s names
  • Your reason for getting a divorce

Furthermore, it is paramount that you and/or your future ex-spouse have resided in Texas for at least half a year. You may also use your petition to explain how you want to address a variety of divorce issues, like property distribution as well as child custody and visitation.

Dealing with temporary court orders

In your divorce petition, it is also possible to ask the divorce court for a temporary order if you happen to be facing a particular monetary or family issue as you embark on the marital breakup process. Here are some divorce issues that you can temporarily address with a court order:

  • Physical custody (with which parent your children will reside)
  • Child visitation
  • Child support
  • Spousal maintenance
  • Who pays certain bills and handles other financial responsibilities
  • Who keeps the family home

If the court ends up approving your request for a temporary order, this order will become effective immediately and will apply for as long as it takes for you to finalize the divorce.

Going through divorce can no doubt be complicated both financially and emotionally. However, an attorney can help you through the process, ensuring the protection of your legal rights and your best interests during all stages of this type of family law proceeding in Texas.