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How to File for Divorce in Midland County

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

Hire a Midland County Divorce Lawyer

Even if you and your spouse are anticipating a friendly divorce, you should still consider hiring a Midland County divorce lawyer to represent you. An experienced divorce attorney will be familiar with the local courts, will know where to file for divorce in Midland County, and can offer you legal advice throughout the process.

Types of Divorce

If you and your spouse have agreed on how to divide your marital assets or custody of any children, you can file for a no-contest divorce. If you cannot reach agreement on the major issues, this is known as a contested divorce. A no-contest divorce is usually a shorter process, but if you're unable to reach decisions, a judge will make them for you.

Your next decision will be whether you want to file for a no-fault divorce or an at-fault divorce (also known as a fault-based divorce). A no-fault divorce blames neither party for the end of the marriage. A fault-based divorce says that one spouse was responsible for the marriage's failure.

How to File for Divorce in Midland County

During your divorce process, there are many forms you will have to fill out, but the Petition for Divorce is the main for you'll have to file with the Midland County divorce court. It asks the court to legally end your marriage. The person who files the form with the Midland County Clerk is referred as the petitioner. The other spouse is referred to as the respondent.

For your Midland County divorce to be legal, the respondent must know that the petitioner filed for divorce. In Midland County, if you cannot find your spouse, you can notify him or her via an announcement in a newspaper, though in-person notice is preferable.

Grounds for Midland County Fault-Based Divorce

Whether you live in Greenwood, Odessa, or anywhere else in Midland County, there are several legal reasons, also called grounds that the court will accept if you're requesting a fault-based divorce. These include:

  • Adultery: If your spouse has had voluntary sexual intercourse with someone else, you may be able to get a divorce on the grounds of adultery.
  • Abandonment: If your spouse left and doesn't plan to return, the court may grant you a divorce on the grounds of abandonment.
  • Felony: You may be able to get a divorce on the grounds of felony if your spouse has been imprisoned for more than a year or committed a felony.
  • Cruelty: If your spouse is attacking you mentally or physically, the court may grant you a divorce on the grounds of cruelty.
  • Confinement in mental hospital: If your spouse has been in a mental hospital for more than a year, you may be granted a divorce on the grounds of cruelty.