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An Overview of Divorce in Texas

How the Process Works

Filing for divorce in Texas can be complicated and lengthy. There are certain requirements that you must meet before you can file, and there are several issues that must be resolved before the divorce can be finalized. In this blog, we will provide an overview of how divorce works in Texas, as well asthe filing requirements, how to file for divorce, the different stages of the process, and what you can expect to happen along the way.

What Are the Filing Requirements?

In order to file for divorce in Texas, you must meet the state's residency requirements. You or your spouse must have made Texas your state of residence for at least six months prior to filing for divorce. In addition, you or your spouse must have lived in the county where you plan to file for at least 90 days.

How Do You File for Divorce in Texas?

If you meet these requirements, you can file a petition for divorce with the district clerk in the county where you or your spouse reside. The petition must be filed in the proper court and accompanied by a filing fee, which varies by county.

You will also need to provide your spouse with notice of the divorce action in a process known as service. This can be done by having a constable or sheriff deliver the papers to your spouse, or by hiring a private process server. Your spouse will then have to file a response to the petition.

If You and Your Spouse Can Agree

If you and your spouse can come to terms on the issues of your divorce, you can file for an uncontested divorce, which is usually faster and less expensive than a contested divorce.

As with any divorce, you will need to file the required documents with the district clerk in your county. You will also need to have your spouse sign an entry of appearance, waiver of citation, and final decree of divorce. Once filed, you will need to attend a short hearing before a judge who will then sign the final decree of divorce.

If You Do Not Agree on the Terms of the Divorce

If you and your spouse do not agree on the terms of the divorce, you will need to file for a contested divorce. A contested divorce is usually more complex and expensive than an uncontested divorce.

You will need to file a petition for divorce, along with other required documents, with the district clerk in your county. You will also need to have your spouse served with notice of the divorce action. Once these steps are taken, you will need to attend a series of hearings before a judge who will ultimately decide the terms of your divorce.

What Issues Need to be Decided in a Texas Divorce?

Some of the issues that must be decided in a contested divorce include child custody, child support, alimony (or spousal maintenance in Texas), division of property, and division of debt.

What Is the Divorce Process Like?

The divorce process can be different in every case, but there are some general steps that all divorces follow.

After you file your petition for divorce and serve your spouse with notice, you will need to attend a series of hearings. These hearings may include temporary orders hearings, pretrial conferences, and final trial. After the judge makes a decision on the terms of your divorce, they will sign a final decree of divorce which will make the divorce official.

Work with a Texas Divorce Attorney

If you have any questions about how divorce works in Texas, or if you need help with the divorce process, please contact an experienced family law attorney in your area. An attorney can help ensure that your rights are protected and can help guide you through the complex divorce process.


Know that the team at Burrows Law Group can help you work through all facets of a Texas divorce. Learn more about how we can help or schedule a consultation by calling (972) 236-7798 or by visiting our website.

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