When filing for a divorce in Harris County, you have to ensure that you find a great divorce lawyer with a lot of experience and can understand that divorce is among the most traumatic and most stressful events in your life. With divorce’s long and drawn-out process, your lawyer’s experience will be a great help in preventing the “messiness” that is connected with legal proceedings.
With John K. Grubb’s experience, he can help you come to a common term and even prevent the court from deciding a property division or child custody.
Here are the procedures you need to take to successfully file a divorce in Harris County. Some tips and reminders are also included.
Step One
With the Court, start by filing a Petition for Divorce which will state the basic information such as the names, date of marriage, social security numbers, addresses, grounds for divorce, the name of children, birthdates and more.
Step Two
After you file a Petition for Divorce, your spouse will receive a divorce notification from the Court. This information is “serving your spouse with a citation” which is drawn up by the Court’s Clerk notifies your spouse of filed Petition for Divorce against them. This citation also informs your spouse that he or she must submit a written answer 20 days after they are served before or on Monday. Your spouse will also be advised to consult with an attorney.
There are two methods. The first method is the so-called Traditional method which is to have the Constable, Sheriff or state licensed private process server to hand-deliver a copy of the Petition for Divorce to your spouse.
The second method is termed as the Alternative method which consists of having your spouse to sign before a Notary a Waiver of Service that will serve as an acknowledgment that he or she has received a copy of the Petition for Divorce. This will provide your spouse no further notice of the proceedings by waiving the service and issuance of the citation.
Divorce Service
An alternative and one that the John K. Grubb and Associates frequently use is to have them send your spouse a letter that informs him or her that you have filed a divorce. It will also be stated there that you request them to contact an attorney and have them contact you. This is the least confrontational method of filing for a divorce.
Things to Remember
- A 6 months stay or residence in Texas is a requirement when filing for a divorce in Harris County.
- In Texas, you will be getting a divorce because you want it with no regards to whatever your spouse wants. The “no-fault” ground was adopted by the Texas divorce law.
- Whoever between you and your spouse can first file a divorce? There is no rule that states that the husband should be the first to file or that the wife should be the first. Though, it is said that the filing party will have an upperhand.