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It might be difficult to cope with the stress of filing for divorce in Fort Bend County. Do-it-yourself divorces are conceivable only if both you and your spouse can agree on all topics. However, a lawyer is crucial when divorcing couples have disagreements about child custody, child support, and property division.
A divorce decree is legally binding once the divorce has been finalized. As a result, it has the potential to profoundly affect your future and that of your children. That’s why it’s crucial to consult an expert in family law.
Skillern Firm should be contacted as soon as possible. Before you even file for divorce, you can come to us for advice. That way we can learn more about you and your circumstances and provide more tailored assistance and advice.
Having a plan and backing from the beginning can have a significant impact on how your case pans out. Stress can also be reduced by consulting an attorney early on. With our assistance, you may get through the divorce procedure quickly and easily.
Was worried about the call to divorce Republican husbands. Ended up at the Fort Bend County Fair listening to @themotorcars sun will be up tomorrow. pic.twitter.com/X4asHSwj5n
— Pappa Charlies BBQ (@pappacharlies) September 29, 2018
Table of Contents
Qualifying for Divorce in Fort Bend County, Texas
Fort Bend County has specific requirements that must be met before a divorce (legally known as “marital dissolution”) petition may be filed. You or your spouse must have spent the previous six months in Texas if you want to take advantage of the protections afforded by The Texas Family Code.
You must be a resident of Fort Bend County for at least 90 days before you can file in that county. You can’t finalize the divorce until after the birth of the child, regardless of whether you or your spouse is pregnant. But you can still begin the procedure while you’re pregnant.
Divorce Terminology in Texas
Reading about divorce on the internet may be very overwhelming and unpleasant. You may be unfamiliar with certain time limits and official procedures required by law. Therefore, the initial move could be to learn some jargon.
- Divorce Petition – A divorce petition is the initial legal document filed to initiate the divorce process.
- The Petitioner – The petitioner is the spouse who initiates divorce proceedings.
- The Respondent –After the first filing, the other spouse will have 20 days to react as the respondent.
- The Answer – It is called an “answer” when it is in response to a divorce petition.
How do I File For Divorce in Fort Bend County?
One spouse must initiate the divorce procedure by submitting finalized divorce paperwork. Simplified online divorce forms and self-guided online questionnaires are available on the Texas Law Help website for those who are filing for an uncontested divorce (one in which both parties agree on all issues).
Divorce papers for uncontested divorces can be filed electronically. Your decision to divorce on your own should be made carefully. If you want to make sure your rights and interests are safeguarded, you should consult with an attorney.
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Fort Bend County’s uncontested divorce procedure entails the following steps:
- Find and fill out divorce forms.
- Submit the paperwork to the county clerk’s office.
- If you have children on TANF or Medicaid, you will also need to submit the Petition to the Child Support Division of the Office of the Attorney General.
- Pay filing fees.
- Give a copy of the paperwork to your spouse.
- Your spouse will sign the Answer or Waiver and a Decree.
- State-mandated 60-day waiting period.
- Take all paperwork with you to the divorce hearing at your local court.
- File the Divorce Decree with the county clerk once the judge signs it.
Divorce Forms in Fort Bend County
Several variables will determine which divorce paperwork you need to file in Fort Bend County, including whether or not there are minor children involved.
The following paperwork must be submitted to obtain an uncontested divorce:
- Original divorce petition.
- Civil case information sheet.
- Answer or waiver of service.
- If you have children, then you will also need a standard or modified possession order.
- If you wish to return to your maiden name, then you will need to file an Order to restore it.
- Information on suits affecting the family relationship.
- Divorce decree.
Filing the necessary paperwork might be difficult, especially if you need to detail the difference between your individual and shared possessions. You’ll have to do some math, and if you make a mistake it might cost you a lot of money and time. Before turning in your work, double-check it to make sure it’s up to your standards. You and your lawyer will need to fill out some extra paperwork if you’re filing for a disputed divorce.
Filing and Serving Your Divorce Forms in Fort Bend County
The original form, along with two copies of any other documents, must be submitted to the clerk’s office. (Two for the counterman, one for the Mrs., and one for the Mr. Unless you are exempt, filing fees are non-negotiable. Costs to submit paperwork in Fort Bend County average roughly $300. If you need services from the court, such as having your spouse served or having copies made, you may incur additional costs.
Due to the possibility of rate changes, it is prudent to estimate your needs in advance. The clerk of the district court where your case will be filed can tell you. Waivers of fees are sometimes granted to those who truly cannot pay them. A judge will look over it and decide if your situation warrants leniency based on the evidence presented.
Divorce Courts in Fort Bend County, TX
Choosing the jurisdiction in which to submit the divorce petition is the first stage. Dissolution of marriage is not reviewed by every court. You can end up needing the services of a court that deals with domestic relations. The following may be helpful in Fort Bend County:
Court: 240th District Court
- Judge – Judge Thomas R. Culver III
- Clerk – Annie Rebecca Elliott
- Address – 1422 Eugene Heimann Cir, Richmond, Texas 77469
- Phone – 281-341-4515
Serving Your Divorce Papers in Texas
If you want to get a divorce in Fort Bend County, Texas, you’ll need to serve your spouse with the divorce petition, a notice of the divorce proceeding, a blank form to file a response to, and any other paperwork that comes up during the divorce process. To accomplish this, you can either:
Service of Process
Having a process server, constable, sheriff, or other authorized adults (with no vested interest in the divorce) hand deliver the papers to your spouse is the most typical method. If you are unable to complete a personal service through this technique, you may submit your request via email. If you’re still having trouble tracking them down, you might try asking the judge to allow an announcement to be made in the paper.
Waiver of Service
Simply hand your husband the forms to sign if you both agree and don’t want to go through the formal service process. You’ll then need to have your spouse appear before a notary public to sign a waiver form.
Next Steps in Your Fort Bend County Divorce
The next procedures after filing and serving divorce papers vary depending on the type of divorce being sought. The responder in a contested divorce has 20 days to file an answer. If you don’t respond, the court may issue the divorce automatically. To make sure your rights are protected and that you understand the process of resolving issues like child custody and property distribution, you should speak with an attorney at Skillern Firm.
Spouses must exchange first disclosures whenever the respondent has filed an answer in a divorce proceeding, regardless of whether the divorce is fought or uncontested. At the outset, both partners are required to disclose all assets, debts, income, and expenses. Unless otherwise agreed upon in writing, this must be submitted within 30 days.
Temporary orders will provide direction while you wait for your divorce to be finalized, so you may need to attend a hearing for them as well. Child custody, who will live in the family home, and instructions to prevent the concealment, sale, or destruction of marital property are only some of the issues that can be addressed in temporary orders.
If a judge determines that it is essential, he or she may issue such an order without consulting any other parties. Even though judges prefer when divorcing spouses to work things out amicably through mediation first, they do have the authority to make decisions for them if necessary. Divorces with high levels of dispute or significant assets may require numerous court hearings to resolve all outstanding issues.
Why Should I Hire a Fort Bend County Divorce Attorney?
Filing for divorce is an emotionally taxing decision that requires careful consideration. You must be able to put it behind you and move forward confidently after the decision has been made. It’s easy to let your emotions cloud your judgment when tensions are high, leading you to make hasty decisions without fully considering the consequences.
A divorce decree is legally binding and can have far-reaching consequences. Any decisions made about the children should be taken with their best interests in mind, and the split of assets should be handled fairly and justly.
Your divorce lawyer in Fort Bend County from Skillern Firm will not personalize the case. Therefore, they can help you gain perspective and make sound choices. When you need someone to listen to you without passing judgment, they can be that person.
Your lawyer will make sure everything is filed on time and correctly. In a situation where mistakes can cost you both time and money, having legal counsel can be a huge relief. Your lawyer can also make sure that everything is clearly explained to you. In this way, you’ll have the information you need to make prudent choices for the future.
We at Skillern Firm also give equal weight to the use of mediation and negotiation techniques. In addition to numerous other advantages, this includes:
- Saves time and energy because you will require less court involvement.
- It protects children from conflict.
- It allows you and your spouse to come to personalized arrangements that work for you.
- It could help you, and your ex-spouse remains amicable, which can be beneficial if you have children.
