How to File for Divorce in Texas

My previous post talked about How to Get a Divorce in Texas. Today I will talk about how you file for divorce and what you need to know before filing for divorce in Texas.

1. Six Month Residency Requirement

In order to file for divorce in Texas you or your spouse must have resided in the State of Texas for six months prior to filing for divorce. If you or your spouse have not resided here for six months, you may need to look at the requirements of the state you moved from to see if you can file for divorce there. Alternatively, you may be able to file here and put the case on hold until the six month residency requirement is met.

2. File in the County you reside or county your spouse resides

The Petition for Divorce must be filed in the county you or your spouse resides. Further, you or your spouse must have resided in that county for the previous 90 days. If you or your spouse have not resided in the county for 90 days you may need to file in the county you moved from. Alternatively, you may be able to file here and put the case on hold until the 90 day requirement is met.

3. Draft the Petition for Divorce

In order to file for divorce, you must draft an Original Petition for Divorce and file it with the Court. If you represent yourself then you can go to the Court and file it with the clerk. If you hire an attorney, then your attorney will file the petition through electronic means.

4. Temporary Orders

Sometimes Temporary Orders are requested when the Petition for Divorce is filed. If you included a request for Temporary Orders you need to obtain a hearing date for the Temporary Orders.

5. Citation and Serve

Once you receive confirmation that the Petition for Divorce has been filed, and the date for the Temporary Orders hearing (if applicable), then you need to request the Court issue citation. Once you receive the citation, you need to either contact the appropriate Constable’s office or a private process server to serve the Petition for Divorce on your spouse.

Alternatively, if the divorce will be agreeable, then your spouse can sign a Waiver of Service and you can file that with the Court.

These are the general steps in filing for divorce in Texas. The next posts will focus on issues that arise during a divorce and will take you through finalizing the divorce.