Divorce is a technical process. There are specific requirements you must meet to file your case and complete your divorce. As a result, it can be a challenge to navigate the legal system and gather all of the critical documentation needed to bring your case to a close. Fortunately, when you are trying to understand West Lake Hills divorce requirements, you have the option of hiring a dedicated attorney.
Residency Requirements for West Lake Hills Divorces
One of the first requirements individuals must address when filing for divorce is related to their residency. State law requires the parties to live in the county where they are filing for a minimum of 90 days before beginning their case. The law also requires that the parties must live in the state for a minimum of six months prior to filing for divorce.
However, this situation is not always clear-cut because sometimes one spouse might live in a separate state. Additionally, there are also exceptions in the case of members of the military. Individuals stationed in Texas for more than six months may treat the state as their domiciliary, even if their actual residency is elsewhere. Anyone with questions regarding residency requirements for divorce should speak to a lawyer in West Lake Hills.
Grounds for Divorce
The party filing for divorce is required to state the grounds or a basis for ending their marriage. If the reason is nothing more than irreconcilable differences, they may choose to file a no-fault divorce case. Fault-based grounds for divorce may include adultery, cruelty, a felony conviction, living apart, abandonment, and confinement in a mental hospital.
Most individuals may find that no-fault divorces are the simplest option for their situation. However, it is vital to discuss this divorce requirement with a West Lake Hills lawyer as there may be implications in a case that make a fault-based divorce more advantageous.
Service Requirements When Filing for Divorce
Once individual files the initial paperwork in the appropriate jurisdiction, they will need to serve those documents to the other party. The spouse who files the divorce case must ensure that the other party receives the original petition for divorce and any documents they filed with that petition. The filing party cannot serve the documents. Instead, they must retain a private process server, court clerk, sheriff, or constable to serve the respondent the divorce petition.
When it is challenging to find the respondent or the respondent avoids service, there are steps the filing party can take to complete this requirement. Options include service through certified mail, service through a court order, service through posting, and service through publication. An attorney in West Lake Hills could help an individual meet this divorce requirement by hiring someone to serve these papers to the respondent.
Contact a West Lake Hills Attorney for Help with the Requirements for Divorce
Going through a divorce is challenging. There are specific legal requirements the individuals must meet before they can begin their separate lives. A divorce attorney may help individuals understand what the law requires and meet the court’s needs. Call an attorney to discuss the West Lake Hills divorce requirements as they pertain to your case.