How to File for Divorce with the Travis County Courthouse

How to File for Divorce with the Travis County Courthouse

Divorce is an emotionally draining event and it can drag out for months. There are often many issues that will need to be worked out between the divorcing couple, but most of the time that occurs after one spouse files a Petition for Divorce with the Travis County Court.

The Divorce Process in Travis County

Residency Requirements – To file for a divorce in Texas, it is necessary to meet the residency requirements: one of the spouses must have been a resident of the state of Texas for a continuous six-month period immediately prior to filing. Additionally, one of the spouses must have been a resident of Travis County for at minimum of 90 days.

Petition for Divorce – When a petition for divorce is filed, the filing party can ask for a Temporary Restraining Order (TRO) to freeze all of the marital assets and require that both parties refrain from threatening or harassing one another. The grounds for divorce must be identified in the petition in addition the attachment of a “Standing Order Regarding Children, Property and Conduct of Parties”. This is of particular importance if the divorce is uncontested. More information regarding the Standing Order and the local court rules can be obtained at http://www.co.travis.tx.us/courts/files/documents_forms/civil/forms_civildistrict/local_rules_civildistrict.pdf

Answer to Petition – After the petition has been filed, the other spouse will be given 20 days to file an Answer to the petition. At that time, they will be allowed to request temporary orders such as child custody, visitation, etc. A certain amount of time will be given for the discovery process (to obtain evidence and take the testimony of witnesses, if any).

Settlement Negotiations – Once the discovery process has been completed, settlement negotiations will begin in earnest in an attempt to work out a settlement. When negotiations are successful and an agreement reached, the agreement will be given to the court, and if the judge approves, a Decree of Divorce will be issued legally dissolving the marriage.

Mediation – If the divorcing couple is unable to reach an agreement, mediation will be scheduled with a neutral third party with the purpose of resolving differences and working out an agreement.

Trial – When agreement cannot be reached, a trial date will be set. The parties will present evidence and their legal arguments, and based upon that, the judge will make a decision regarding the distribution of the marital assets, debts, spousal and child support, visitation, etc.

Decree of Divorce – Once the judge has ruled, a Decree of Divorce will be entered into the record dissolving the marriage. In the decree are the division of assets, issues concerning the children, pensions, and any other issues that were resolved.

Appeal – If either of the parties disagrees with the judgment of the court, they have the right to appeal of the judge’s decision. This rarely happens since an appeal can be very expensive and the appeals court will often defer to the judgment of the original judge.

Zinda & Davis Can Represent You

Divorce can be a draining experience, so why not let the attorneys at Zinda & Davis represent you during your divorce. We have extensive experience with intricacies of the process of divorce. Let us help you navigate the complexities and negotiate a fair settlement for you.  Call today to speak with an attorney. (800) 863-5312


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