How to File for Divorce in Lubbock County

If you are thinking about divorce in Lubbock County, divorce law requires you to be a Texas resident for at least six months before filing for divorce and a Lubbock County resident for at least three months prior to filing. When you bring your paperwork to the family court, this legally begins the divorce process.

Hire a Lubbock County Divorce Attorney

You probably want to hire a Lubbock County divorce lawyer even if you and your spouse expect to have an agreeable divorce. A local divorce lawyer will be familiar with the courts and will be well-versed in the divorce process. Your lawyer will also be able to advise you on the consequences of any divorce-related legal decisions.

Types of Divorces

A no-contest divorce is one where you and your spouse agree on how to divide your belongings and are in agreement on custody issues. Usually no-contest divorces are faster than contested divorces, where there are disputed issues. If you and your spouse cannot come to agreement on your own or with the assistance of your attorneys, a judge will make legally binding decisions for you.

The next decision you have to make is whether you should file for a no-fault divorce or a fault-based divorce, which is also known as an at-fault divorce. No-fault divorces place blame on neither party for the end of the marriage. A fault-based divorce places blame for the marriage's failure on one spouse and may give the other spouse an advantage when dividing shared assets or reaching custody decisions.

How to File for Divorce in Lubbock County

During your divorce process, there are many forms you will have to fill out, but the Petition for Divorce is the main document you'll have to file with the Lubbock County divorce court. It asks the court to legally end your marriage.

If you are the one to file the form with the Lubbock County Clerk, you will be referred to as the petitioner. The other spouse will be the respondent.

Your spouse must know that you are filing for divorce in Lubbock County for the divorce to be legal. You can notify your spouse via a published divorce notice in a newspaper, or you can have him or her served with papers.

Grounds for Fault-Based Divorce in Lubbock County

Whether you live in Abernathy, New Deal, or anywhere else in Lubbock County, there are several grounds, or legally acceptable reasons, for a fault-based divorce. Among the more common are:

• Adultery: If your spouse has committed adultery, you may be able to get a divorce on the grounds of adultery.
• Abandonment: The court may grant you a divorce on the grounds of abandonment if your spouse left without planning on returning.
• Felony: If your spouse committed a felony or has been in jail for more than a year, felony may be grounds for divorce.
• Cruelty: Mental or physical attacks from your spouse may constitute cruelty and are grounds for divorce.
• Confinement in a mental hospital: If your spouse has been in a mental hospital for a year or more, that may be grounds for divorce.