There is plenty that you have to know when you go through the process of divorce proceedings. As you know, if you have gone through the divorce process, it is quite a lengthy and complicated process. This is one of the reasons why it is crucial to hire a San Antonio divorce attorney to aid you through the divorce process.
One thing that you need to know is the divorce case process. However, this can prove more complicated than you might expect since the divorce case process can vary from state to state. With that in mind, here is an overview of how the divorce case process goes in the city of San Antonio in the state of Texas.
The Divorce Case Process Can Depend on The Type of Divorce
As a San Antonio divorce attorney will tell you, there are different types of divorce. One type of divorce that you should know about is referred to as an uncontested divorce. This is a rarer type of divorce, but it is still notable nonetheless. An uncontested divorce essentially means that you and your spouse agree on the divorce’s details. These details include the division of property and child custody arrangements in the event that you and your spouse have children. It is worth pointing out that uncontested divorces are rarer compared to contested divorces.
The First Step Is to File a Petition for Divorce
As previously mentioned, the divorce case process can vary somewhat depending on the state. However, there are some general similarities between the divorce case process in different states. In any case, the first step you have to take to begin the divorce process is to file a petition for divorce. Doing so means that the divorce proceedings have officially begun. It would be best if you also kept in mind that there are several things you have to do to file a divorce petition.
Additionally, you should also know the fact that the person that files the petition for divorce is the person that is the one filing for divorce in the first place. This may seem obvious, but it is an important point to consider. If you are the one filing for divorce, you have to file a petition for divorce. If your spouse is the one filing for divorce, they have to file a petition for divorce. When you file for divorce in San Antonio, you must pay a filing fee to the Bexar County District Clerk’s Office.
You Have to Serve the Divorce Papers
The first step in the divorce process is to file a petition for divorce. Once that is completed, you have to move on to the next step. The next step in the divorce process is to serve the divorce papers. However, it is important to note that whoever files the petition for divorce has to serve the divorce papers. If that is you, you have to serve the divorce papers to your spouse. If your spouse is filing a petition for divorce, they have to serve the divorce papers.
You do have to serve your spouse the correct divorce papers if you were the one who filed a petition for divorce in the first place. You need to serve a court-stamped copy of the divorce petition to your spouse. You cannot serve your spouse the divorce petition itself.
It has to be a copy that the court has stamped. After this, your spouse will have to sign a waiver of service form. Your spouse has to sign the waiver of service form in the presence of a notary, though.
You Have to Complete a Final Decree of Divorce
After you have served your spouse a court-stamped copy of the divorce petition, you have to continue the divorce process. After serving the divorce papers, the next step is to complete a final decree of divorce. It is essential to describe exactly what a final decree of divorce is. As the name suggests, the final decree of divorce is the last document in a divorce case. The final decree of divorce is the court order that officially brings a legal end to your marriage.
However, the final decree of divorce does more than bring a legal conclusion to your marriage. It covers other important information that is relevant to the conclusion of your marriage. This includes the division of property, the specifics of sharing time with your children if you have any, and the amount and type of support granted.
The final divorce decree covers more than just that, but those are some main points that it covers. For divorces in San Antonio and the state of Texas more broadly, there is one more rule you have to follow. You have to wait until 60 days after the initial filing of the divorce case in order to get divorced in the state of Texas.
The Last Step Is to Finalize the Divorce
After the final decree of divorce is issued, you and your spouse will have to sign it. Once you and your spouse have signed the final decree of divorce, then you can move on to the last step of the divorce process. The final decree of divorce does not go into effect simply because you and your spouse signed it. This is probably obvious since neither you nor your spouse has the legal authority to make the decree legally binding.
Because of this, a judge has to sign the final decree of divorce in order to finalize the divorce process. Of course, this step is not automatic. If the judge finds a problem in the final decree of divorce, you and your spouse will have to fix it before submitting it to the judge again. However, in the event that the judge finds that everything is in order, the judge will sign your final decree of divorce. Once this happens, the divorce is finalized, and your marriage is legally over.