1. How do I file for divorce?  You file a petition for divorce with the district clerk’s office and pay the required filing fees.
  2. Where do I file for divorce?  You file the petition in your county of residence where you have resided for at least ninety (90) days.
  3. Do I have to notify my spouse that I have filed for divorce?  Yes, in order to proceed with a divorce you must notify your spouse either by having your spouse served with a citation and copy of divorce petition from a sheriff, constable or court approved private process server or if the parties agree, the non-filing spouse can sign and notarize a “Waiver of Service,” which is a document that indicates that the non-filing spouse has been provided a copy of the divorce petition and is accepting service of the lawsuit without further service of process.
  4. How long does it take to get a divorce?  A petition for divorce must be on file with the court for at least sixty (60) days before the court can grant a divorce.   And depending on the circumstances of the case, a divorce can last from 2 months to up to a year or more, if the parties are unable to reach an agreement and a trial is necessary.
  5. What is the difference between a “Uncontested” and an “Contested” divorce?   A divorce is typically considered as an “uncontested” divorce when the parties agree on all issues, including how the marital property will be divided, and if children are involved the parties also agree on the matters of custody, visitation, payment of child support and medical support, and any other matters that need to be addressed to finalize the divorce.  Once the parties reach an agreement on all issues, then they sign the necessary documents to effectuate the divorce without the need for a trial.  On the other hand, when a spouse does not agree with the other spouse on how the marital property should be divided, or on who should get custody of the kids or who shall pay child support, etc., then the matter is typically considered to be a “contested”  divorce and a trial or mediation may be necessary for the parties to resolve their issue(s).  Although a divorce may begin as an uncontested divorce, it may become contested for a period of time as new issues are addressed or vice versa.  But in either event, the vast majority of divorce cases settle prior to trial.
  6. What is considered as separate property?
  7. What is considered as community property?
  8. How long will it take to get a divorce?
  9. What happens if the wife if pregnant and she or the husband wants to file for a divorce?
  10. What matters will be handled in the divorce suit?
  11. What is mediation?
  12. Do I have to go to mediation?
  13. When will the divorce be granted?
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