Completing your divorce forms may feel like a major milestone, but divorce once the paperwork is completed truly begins with filing. In Texas, the court won’t review your case until you file the correct documents with the proper jurisdiction. From there, the process involves filing fees, court deadlines, service of process, and other essential steps that keep your case on track. Even one missed detail can cause delays or lead to dismissal, so understanding what happens after submission is key to moving forward with confidence.
Where You File the Divorce
You must file your paperwork in the correct Texas county. Most people file in the county where either spouse has lived for at least 90 days. The person filing must have lived in Texas for at least six months.
For example, if you live in Harris County and meet the residency rules, you file with the Harris County district clerk. If both you and your spouse live in different counties, you can file in either location as long as both counties meet the residency requirement.
Steps To Confirm Residency
- Check your current address and length of stay
- Make sure you or your spouse has lived in Texas for six months
- Confirm one of you has lived in the county for at least 90 days
Without meeting these conditions, the court can reject your filing.
What You Need Before Filing
Before heading to the courthouse or submitting your documents online, review your forms one last time. Errors or missing information may delay your case or require you to start over.
Basic Requirements
- Signed and completed Original Petition for Divorce
- Civil Case Information Sheet (if required in your county)
- Copies of any court orders already in place, such as protective orders
- Filing fee or fee waiver request
If you have children, include forms related to child custody, support, and visitation. If you request spousal maintenance or property division, make sure those sections are complete and accurate.
How To File Divorce Forms in Texas
You can file in person, by mail, or through the e-filing system used in most counties. Filing in person allows you to ask questions and confirm that the court accepted your forms. E-filing works well if you want a faster process without a courthouse visit.
In-Person Filing
- Visit the district clerk’s office in the correct county
- Bring the original and two copies of each form
- Submit your documents to the clerk
- Pay the filing fee or present your fee waiver
- Receive your stamped copies
The clerk keeps the original and returns the stamped copies to you. One copy goes to you, and one goes to your spouse when you serve them.
E-Filing
- Register for an account at eFileTexas.gov or a related provider
- Upload your documents as PDFs
- Choose the correct court location
- Pay the fee online
- Wait for confirmation that the court accepted your filing
Once the court accepts your documents, print the file-stamped copies for your records and for service to your spouse.
What Happens After Filing
Filing starts the case, but you still need to notify your spouse. Texas law requires legal notice. That step is called service of process.
Serving Your Spouse
You can’t serve your spouse yourself. Use one of these methods:
- A constable or sheriff
- A private process server
- Service by certified mail (in some counties)
- Service by publication (if you can’t find your spouse and the court approves)
Once served, your spouse has about 20 days to respond. If they don’t respond, you may continue with a default divorce. If they file an answer, the case becomes contested.
Understanding the 60-Day Waiting Period in Texas Divorces
Texas law requires a 60-day waiting period between the date you file and the date you can finalize your divorce. The clock starts once you file, not once your spouse gets served.
The court may waive the 60-day rule in cases involving domestic violence or if you request a protective order. Otherwise, you must wait.
Use this time to:
- Exchange financial information
- Work on a settlement
- Attend mediation if required
- Prepare for hearings if the divorce becomes contested
What To Expect in a Contested Case
If your spouse does not agree with the terms in your petition, the case becomes contested. That does not mean it goes straight to trial. Many contested cases settle through negotiation, mediation, or informal agreements.
Key Disputes Often Include:
- Property division
- Debt responsibility
- Child custody and visitation
- Child support amounts
- Spousal maintenance requests
Courts often require mediation before scheduling a final hearing. If you reach an agreement, you must submit a written settlement for the judge to approve.
Finalizing the Divorce
Once the waiting period ends and all issues are resolved, you can schedule a final hearing or submit an agreed divorce decree.
Uncontested Divorce
In an uncontested divorce, the judge reviews the agreed terms. You may appear in court or submit an affidavit. Once approved, the judge signs the Final Decree of Divorce.
Contested Divorce
If no agreement exists, the case moves to trial. Each side presents evidence and arguments. The judge decides the final outcome and signs the decree after the trial.
After the judge signs the final decree, the divorce becomes official. Both parties must follow the orders about property, support, and custody.
What You Must Do After the Divorce
Once the court finalizes the divorce, you still need to complete a few tasks to tie up loose ends.
Update Personal Records
- Change your name if ordered in the decree
- Update Social Security records
- Modify your driver’s license and bank accounts
Follow Court Orders
Make sure to comply with all terms in the decree. That includes custody schedules, support payments, and property transfers. Ignoring orders may lead to enforcement actions.
Get Certified Copies
Ask the district clerk for certified copies of the final decree. You may need these for banks, insurance, or other agencies.
Final Thoughts
Filing for divorce once the paperwork is completed might feel like the final step, but in reality, it’s just the start of the legal journey. You must file with the appropriate Texas court, follow strict service procedures, and meet all required deadlines to keep your case moving forward. Understanding what happens after you submit your documents is crucial. By following Texas law carefully, you can reduce unnecessary delays and maintain greater control throughout the process.
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