Applying for a divorce in Texas involves navigating several legal requirements that can impact the outcome of your case. From selecting the correct county to meeting residency requirements and properly handling legal notices, each step plays a crucial role in ensuring a smooth process. Failing to follow these procedures can lead to delays and unnecessary complications. By understanding how Texas courts manage divorce cases, you can move forward confidently, knowing that your rights are protected throughout the process.
Where to File for Divorce in Texas
Filing for divorce starts with knowing where to submit your case. If you recently moved, you may wonder which county has jurisdiction. Texas law requires you to file in the county where either you or your spouse currently resides. While you can file in either location, choosing your own county often makes the process more convenient.
Residency Requirements for Filing
To file for divorce in Texas, at least one spouse must have lived in the state for a minimum of six months. Additionally, you or your spouse must have lived in the county where you plan to file for at least 90 days. If you moved recently, you may need to wait before filing in your new county. However, Texas allows a spouse who lives out of state to file for divorce here as long as their spouse meets the residency requirements.
Electronic Filing
Texas offers electronic filing for divorce cases, allowing you to submit documents online instead of delivering them to the county clerk’s office in person. The state’s website, efileTexas.gov, provides a self-help page for those handling divorce without an attorney. If you hire a lawyer, they will manage the filing process, including submitting the Original Petition for Divorce.
The 60-Day Waiting Period
Texas law enforces a mandatory 60-day waiting period for most divorces. This period begins when you file the Original Petition for Divorce. Courts use this time to give spouses an opportunity to reconsider their decision. The only exceptions involve cases of domestic violence, where immediate action may be necessary.
Notifying Your Spouse About the Divorce
Understanding Legal Notice
Simply telling your spouse that you filed for divorce does not satisfy the legal requirement. Texas law requires official legal notice, which you can accomplish in one of two ways:
- Service of Citation – A process server, constable, or sheriff delivers the divorce papers to your spouse.
- Waiver of Citation – Your spouse voluntarily signs a waiver, confirming they received the divorce petition and do not need formal service.
Signing a Waiver of Citation
A waiver of citation can simplify the process if both spouses agree on divorce terms. However, signing the waiver does not mean a spouse agrees to everything in the petition. It only acknowledges that they are aware of the case. The waiver must be signed in front of a notary and filed with the court.
When a Spouse Refuses to Accept Service
If a spouse refuses to sign the waiver, the other party must proceed with service of citation. This involves hiring a process server or law enforcement officer to deliver the papers. If the spouse avoids service, the court may allow alternative methods, such as delivering documents by mail, leaving them with someone at their residence, or posting notice in a newspaper.
Key Issues in a Texas Divorce
Texas divorces typically involve three major issues:
1. Ending the Marriage
The divorce process legally dissolves the marriage, allowing both spouses to move forward separately.
2. Child Custody and Conservatorship
Texas courts determine custody based on the best interests of the child. Judges consider factors such as parental involvement, stability, and the child’s needs when deciding conservatorship and visitation arrangements.
3. Division of Community Property
Texas follows community property laws, meaning assets acquired during the marriage belong to both spouses. Courts divide these assets fairly, though not necessarily equally. Separate property—such as gifts, inheritances, or assets owned before the marriage—remains with the original owner.
Settling a Divorce Outside of Court
Most divorces do not go to trial. Instead, spouses resolve disputes through mediation or informal negotiations. Mediation allows both parties to reach agreements with the help of a neutral third party. Courts often encourage mediation to avoid costly and time-consuming trials.
Finalizing the Divorce
Once spouses reach an agreement, a Final Decree of Divorce is drafted. A judge must approve and sign the decree for the divorce to become official. Some courts require a prove-up hearing, where one spouse appears in court to confirm the settlement terms. However, some judges now accept prove-up affidavits, which allow spouses to submit their testimony in writing.
Frequently Asked Questions
You do not need a lawyer to file for divorce, but hiring one can help if you have children, property disputes, or complex financial issues. An attorney provides legal guidance and ensures that court procedures are followed correctly.
Attorney fees vary depending on the case’s complexity. Most divorce lawyers charge hourly rates and require an upfront retainer fee. The cost increases if disputes require multiple court hearings. Some legal aid organizations offer low-cost or free legal representation for those who qualify.
Texas courts allow children 12 and older to express their preferences regarding custody. However, the judge makes the final decision based on the child’s best interests. The court evaluates factors such as the child’s well-being, stability, and each parent’s ability to provide care.
Texas courts do not favor mothers over fathers in custody decisions. Both parents have equal rights to seek primary custody. Judges focus on each parent’s involvement in the child’s life and ability to meet their needs. Fathers who have been actively involved in parenting have a strong chance of securing custody or a 50/50 timeshare arrangement.
Final Steps After Divorce
After the judge signs the Final Decree of Divorce, request a certified copy for your records. Review the decree carefully to ensure you understand its terms, including custody arrangements, child support, and property division.
Need Legal Guidance?
For more information about divorce in Texas, contact a licensed family law attorney. A legal consultation can help you understand your rights and options throughout the process.
- Money Isn’t Everything but It Is Important When It Comes to Your Texas Divorce
- What to Do If You Think Your Husband Wants a Divorce in Texas
- How to Get a Divorce in Texas Without Legal Help
- We Lost the Divorce – Now What? Perfecting the Appeal in Texas
- Is Divorce More Difficult for Men Than Women?
- Can a Child Under Guardianship Be Put on Insurance in Texas?
- Family Limited Partnerships in Texas: A Smart Move for Estate Planning?
- How to Get Legal Guardianship of a Grandchild in Texas: A Step-by-Step Guide
- Step-by-Step Guide: How to Apply For Legal Guardianship in Texas
- Green Card Divorce Alimony in Texas: What You Need to Know
