By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 20, 2024
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Whether you're ready to file for divorce or are just thinking about it, it helps to know what the divorce process entails. You should also consider whether you want a Texas divorce lawyer to help with your divorce case.
This article will discuss how to file for divorce in Texas. It will also explain how the Texas divorce process works and answer frequently asked questions (FAQs) about Texas divorce law.
In Texas, you don't have to hire a divorce lawyer. You have every right to handle your divorce case yourself. But there are times when it's best to have a family law attorney by your side.
The divorce process can be intimidating and confusing. There's a lot at stake in a divorce, especially if you have minor children or significant assets. If you choose to represent yourself, the judge isn't going to take pity on you. They'll hold you to the same standard as a licensed divorce attorney.
The Texas Office of Court Administration recommends that anyone going through a divorce consult a family law attorney. This is especially important if any of the following apply to your divorce case:
Regardless of who handles your case, there are decisions you must make before filling your family law case. You don't want to wait too long to make these decisions, especially if you want to file before your spouse files.
Some of the things you must determine before filing your original divorce petition include:
We will discuss these issues in more detail below.
In an uncontested divorce, the parties agree on everything, from how they'll divide community property to their parenting plan. In a contested divorce, the spouses have issues that they disagree on.
Uncontested divorces are less expensive and take less time to finalize. Typically, you'll work with your spouse to complete all necessary divorce forms and submit them to the clerk's office at your local county courthouse. You should have a divorce attorney review your divorce papers before submitting them to the family court.
If you file a contested divorce, it will take longer and cost more money. You'll have to pay significant attorney's fees. You may also have to pay to file motions, depose your spouse, and have someone appraise your marital property.
Another factor to consider is whether you will file for a no-fault or a fault-based divorce. All states, including the State of Texas, recognize no-fault divorce. To file this type of petition, you must certify insupportability. In other words, you must state that your marriage is broken and there is no chance of reconciliation.
Texas family courts also offer grounds for divorce. If you wish to file a fault-based divorce, you must submit evidence of misconduct. Of course, your spouse has the right to file a counter-petition and challenge your allegations.
The type of divorce you file affects the outcome of your case. For example, you may get a more significant share of the community property with a fault-based divorce. With a no-fault divorce, the court will resolve community property division by splitting the marital property evenly.
If you are unsure which type to file, consult a Texas divorce lawyer for legal advice.
Once you are ready to file for divorce, you must complete the Original Petition for Divorce carefully and completely. Make two copies, then bring the original and the two copies to the District Clerk's Office at your local county courthouse.
You (or your spouse) must have lived in the county for at least 90 days before filing your petition. This is because of Texas' residency rule. You must also prove that you have lived in Texas for at least six months.
Filing your divorce petition begins the divorce process. The court clerk will file-stamp your family law case and assign it a docket number. The court clerk will return two copies of the petition. You keep one and use the other one to serve your spouse.
You must serve your spouse with a copy of your divorce petition. There are several ways you can do this. If you're lucky, your spouse will sign a waiver of service. This will save you time and money. If your spouse isn't willing to do this, you must rely on a traditional service method.
You can pay a sheriff or process server to serve your spouse. They will provide you with a Return of Service affidavit. You file this form with the clerk as proof that you served your spouse with a copy of your divorce petition.
If you can't locate your spouse, or if they're evading service, let the court clerk know. The judge may allow alternate ways of serving them, such as posting a notice in the newspaper.
The respondent (your spouse) will usually file an answer. This is their formal response to your petition for divorce. They have 20 days to do this. They also have the right to file a counter-petition. For example, if you file a fault-based divorce for adultery, your spouse can argue that you were the unfaithful party.
If your spouse doesn't file an answer, your divorce attorney can request a default judgment. Texas law requires that 60 days pass between the day you file your petition and the day your judge issues a final divorce decree. (Note: There is an exemption to the 60-day waiting period for domestic violence cases.)
As you can see, filing for divorce is complex. Filing your petition is the first step in a lengthy divorce process. After your spouse files their answer, the divorce proceedings will get underway.
You must take several steps before the judge will issue a final decree of divorce. These steps may include:
Because divorce can be such a long and complex process, most people prefer to use a divorce lawyer.
If you are worried about the cost of divorce, ask your divorce lawyer about ways of keeping costs down. They may have suggestions like doing some of the document preparation yourself or only getting their help on certain things (known as limited-scope representation).
Do your homework before hiring a divorce attorney. Research the law firm and see what other clients say about it.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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