The Steps of Filing Divorce in Texas

Posted on Monday, October 17th, 2016 at 7:33 pm    

If a couple is considering filing for a divorce in Texas, the residency requirement of at least six months in-state and 90 days in-county must be satisfied by at least one spouse. Texas is one of the states that can be described as “mixed” in terms of divorce—both fault-based and no-fault divorces are allowed. Generally, fault-based divorces tend to be the less common of the two and are used in cases of domestic violence, infidelity, conviction of a felony, among others.

In Preparation: Though Texas boasts a universal form available to all counties, some places will generally prefer their own forms. You can contact the courts in those counties to find out which. In all cases, however, the forms used are an Original Petition for Divorce (includes Summons), Citation (or waiver), Notice of Service of Process, and Decree of Divorce.

For Filing: After the forms are completely filled out, you can file them at your specific county. In conjunction with this, a temporary restraining order can be requested from the court, preventing either spouse from undercutting the other in regards to finances and assets.

In Serving: Serving the documents to your spouse, also known as Service of Process, is required by the state of Texas. You can do this by a number of means, including via waiver, a sheriff or constable service, process server, or service by publication.

Divorce can be a messy and extensive process, which is why many people choose to have some sort of representation when going through the dissolution of a marriage. Contact one of our divorce attorneys at BB Law Group PLLC by calling (832) 534-2589 and we’d be happy to discuss your options in regards to your divorce.