Understanding how to file for divorce in Texas is crucial, as the state has unique laws that you must comply with in order to successfully dissolve a marriage. From legally serving your partner to filing with the proper family court, it’s important to educate yourself on the Texas divorce process. A skilled family lawyer from KGK Family Law can help you better understand the process, guide you through each step of your case, and protect your interests along the way.
Step One: Meeting Eligibility Requirements
In Texas, the divorce rate is 2.1 per 1,000 residents, which means countless residents every year are going through the process of ending their marriage.
Before filing for divorce in Texas, you or your spouse must meet the Texas residency requirements. This means that at least one spouse must have lived in Texas for at least six months, and at least one spouse must have lived in the county where you are filing for divorce for at least 90 days.
If the residency requirement is not met, Texas courts may not have jurisdiction over your case. If they are met, you can move forward with the filing process.
Step Two: Gather and Complete the Required Forms
The next step is to complete the appropriate forms and file them with the correct court. Typically, this means completing an Original Petition for Divorce. The Original Petition for Divorce has different sets depending on your case. For example, there are specific sets for divorces without minor children, with minor children, or for a same-sex divorce. If you hire a divorce lawyer, they can provide you with the appropriate paperwork for your situation.
Depending on your case, you may also need to provide additional information alongside the Original Petition for Divorce. For example, a Civil Case Information Sheet or an out-of-state Party Declaration.
Step Three: File Your Petition With the Court
In Texas, you can either file your forms in person or online. Either way, you must file with the district clerk’s office in your county, such as the Fort Bend District Clerk or the Harris County District Clerk.
If you choose to file in person, take all required forms to the district clerk’s office. Here, you can provide your paperwork and pay a filing fee. The clerk can inform you of any local procedures or requirements that may apply to your case. Then, the clerk can enter your case into the system and provide you with a copy of your petition. If you choose to file online, go to E-File Texas. You can follow the website’s instructions to pay the filing fee and submit your forms.
Step Four: Serve the Other Spouse
Once you file for divorce in Texas, you must notify your spouse of the filing. This involves providing them with a copy of the Original Petition for Divorce and asking them to fill out either a Respondent’s Original Answer form or a Waiver of Service Only form.
Typically, you can complete this requirement simply by giving the papers to your spouse. However, this is not recommended in cases where you are unsafe with your spouse, especially if there was a domestic violence incident or if you have an active restraining order. If this is the case, you can have the papers served by a constable, sheriff, or private process server.
What Happens Once Your Texas Divorce Case Is Filed
Once the proper paperwork is filed and your spouse has been notified, your divorce case can begin. A divorce attorney can explain the Texas divorce laws that apply after a case has been filed, which mainly cover key issues such as:
You and your spouse can negotiate or attend mediation to reach a settlement on these key issues. If you are unable to settle your case, you can go through litigation, where a judge decides how these matters are resolved.
Why You Should Hire a Divorce Lawyer From KGK Family Law?
At KGK Family Law, our two lead attorneys have over 45 years of combined experience working with Texas divorce laws. We know that the filing process can become overwhelming quickly, both due to the legal complexity and the emotional nature of the case. Our compassionate attorneys are here to guide you throughout this process.
FAQs
What Should You Avoid Doing During a Divorce in Texas?
During a divorce in Texas, avoid speaking negatively about your spouse, exaggerating claims, or hiding assets. These actions not only make it difficult to reach a fair divorce agreement, but they can also lead to negative outcomes for you. These actions are looked on unfavorably by the court and may lead to consequences such as receiving less parenting time or receiving a lower amount of the marital assets.
How Long Does a Texas Divorce Case Take to Settle?
A divorce case in Texas usually takes multiple months to settle, though the timeline can vary immensely from case to case. Contested cases or those involving complex issues tend to take more time. Court schedules and delays can also impact how long your case takes. From when your case is first filed, there will also be a court-required waiting period before your divorce is finalized.
Is the Filing Process Different for Divorce If You Have Children in Texas?
Yes, the divorce filing process is different if you have children in Texas, though the general steps remain the same. If you have children under the age of 18, you must file a specific Original Petition for Divorce, such as Set B. You may also have to notify the Office of the Attorney General if your child was ever a recipient of Medicaid or TANF.
What Is the Difference Between a Contested and an Uncontested Divorce in Texas?
The difference between a contested and uncontested divorce in Texas revolves around whether you and your spouse can reach agreements on major issues without court intervention. In a contested divorce, spouses cannot agree, and the case must be resolved through litigation, where a judge makes final decisions. In an uncontested divorce, spouses can settle their case outside of a courtroom.
Contact KGK Family Law for Help Filing for Divorce
Working with a divorce lawyer from KGK Family Law can help you verify that you are taking the correct legal steps while also reducing the stress and confusion involved in the divorce filing process. When you’re ready to speak with a compassionate divorce attorney, contact KGK Family Law.
