How Do I File For Divorce In Harris County?

What Are The Required Harris County Divorce Forms?

The documents that you’ll need to fill out depend on whether you have children under 18 with your spouse and whether your spouse contests that case.

You will always need to file an Original Petition for Divorce, but listed below are some of the other Harris County divorce papers you may need to file:

• Answer or Waiver of Service.
• Information on Suit Affecting Family Relationship.
• Standard or Modified Possession Order if you have children.
• Divorce Decree for Harris County.

The forms you need to fill in depend on your individual case, as does what you need to include in these forms.

If you want to ensure that you file the correct divorce forms, and fill them in correctly, it’s worth getting in touch with a reputable law firm, such as Skillern Firm Divorce & Child Custody Lawyers, so they can advise you throughout the complicated process.

How Much Are Harris County Divorce Filing Fees?

The Harris County clerk’s filing fees are usually around $300, however, there may be other court fees that you’ll need to pay if you require any extra services, such as serving your spouse on your behalf.

The rates change across the state, and so it might be worth knowing the exact sum you’ll be expected to pay before bringing your case to court.

To inquire about fees, you can contact the clerk of the district court where you will file for divorce. If you can’t afford to pay the fees, you could request relief from the court by filing a statement form, which the judge will review and determine whether you are eligible for relief.

How Long Will Divorce Proceedings Last in Harris County or Houston?

Texas has a 60-day waiting period before any order of divorce can be finalized. This waiting period begins on the day that the original petition for divorce is filed with the court. This waiting period is known as a cooling-off period provided by the Texas legal system. This means that the shortest possible time that a divorce can be finalized is 61 days. However, this is very unlikely.

In order to finalize the terms of divorce within 61 days is going to require a complete agreement on liabilities, the division of property, child custody, and child support issues, if you share children with your spouse within those 60 days of filing. After this, a fully signed and final decree can be entered with the court after the waiting period ends.

Very few divorces conclude like this. If you and your spouse don’t come to an agreement on all of these issues, then it’ll be near impossible to finalize your divorce within 60 days. If this is the case for you, you should expect to either go to mediation for assistance in reaching an agreement, or go to court so that a judge can determine the resolution on your behalf.

With any type of divorce, you will need the help of an attorney. Without their knowledge, you risk losing out during the divorce proceedings.

What Happens If Your Spouse Doesn’t Want to Divorce?

A contested divorce is where your spouse doesn’t want a divorce, or there are issues that you cannot easily resolve together. You will need to have your divorce forms served to your spouse, as they would unlikely be amenable to waiving process.

The divorce court may appoint an amicus attorney or guardian ad litem, who will act in the best interests of any children you share with your spouse. The court might also order you and your spouse to meet with a mediator in order to attempt to resolve any lingering issues regarding property division, child support, and custody.

What Are the Advantages of Filing First for Divorce in Harris County and Houston?

If you file the necessary divorce papers before your spouse, you will gain some advantages. Most of the advantages will provide benefits at the beginning of your divorce case, but these benefits can have a lasting effect and impact the final outcome of the case.

There are a few ways that you’ll be benefited if you file your divorce case first. There is a time advantage and a psychological advantage that can be gained, and these are explained below.

Timing advantage

If you file first, and your spouse is unaware of your intentions to file for divorce, then you’ll have the element of surprise, which will give you an advantage over your spouse.

By taking your spouse by surprise, you’ll give them limited time to prepare for the temporary orders hearing, while you’ll have had time to select the right divorce attorney and provide your attorney plenty of time to prepare.

Psychological advantage

When you’re the prepared, organized, and aggressive one, you’ll have a psychological advantage when negotiating a settlement and getting ready for litigation.

What Are the Advantages of Working with a Divorce Lawyer?

Divorce can be an exhausting, complicated, and lengthy process. An experienced divorce attorney who is familiar with the process and laws will be able to take on a lot of the work, which will ease your stress and allow you to focus on your daily life.

Divorce involves family relationships, personal finances, and property rights. This can have a lasting effect on your life, so it’s important to have a skilled attorney on your side fighting for your rights and interests.