In the US, each state has its own laws when it comes to many things. Including divorce. In this article we’ll look at how to file for a divorce in Texas.
How To File For a Divorce in Texas
Let’s talk about how to file a divorce if you are from the state of Texas.
First things first though. Before you or your spouse can even file for a divorce, there are specific requirements that have to be met.
First, either you and/or your spouse must have lived in Texas for at least six months. There’s also a county residency requirement. What this states is that at least one of you has to have lived in the county where you file for at least 90 days.
Texas allows for both fault-based and no-fault divorces. However, fault-based divorce is rare in the state. But, in the cases where it happens, then you can file for a divorce due to the following.
- Abusive treatment
- Felony conviction
- Abandonment for at least a year
- Confinement in a mental institution for at least three years
In Texas, you or your spouse also must file certain forms to begin your divorce case. Although the Texas Supreme Court has its list of domestic relations forms, some counties prefer using their local forms.
To file for a divorce, you need at least these forms:
- Original divorce petition including summons
- Citation or waiver
- Notice of Service of Process
- Decree of divorce
Steps To Filing For Divorce In Texas
Filing your forms
The first step after you have all the necessary forms is to file them with the local county. A temporary restraining order can be issued to prevent both sides from selling, moving, and diminishing any of their property.
Serving your forms
If you file for a divorce petition, you must inform your spouse and deliver copies of divorce documents. In Texas, you can deliver it to your spouse through any of these:
- Sheriff or constable service
- Process service
- Publication service
Most of the counties in Texas require both sides to exchange financial information through a form known as a Sworn Inventory and Appraisement. This can help in disclosing financial and property issues.
The Divorce Process
There is no doubt that divorce is a stressful and sensitive topic. And not only that, but it can also be controversial at times. With that said, divorces are all too common nowadays.
It is something that no married couple would like to experience. However, sometimes divorce becomes necessary.
This is especially true if you are in an abusive relationship or you are no longer happy in the relationship. Truth be told, as you can see from the above, filing for a divorce is not easy.
Aside from the above information about how to file for a divorce in Texas, you can expect the process of a divorce to typically go as follows.
- Filing for the divorce petition
- Asking for temporary orders
- Serve your spouse and wait for a response
- Negotiate settlement
- Divorce trial
- The decision of the court
How long the process takes can vary. Learn more about how long a divorce takes in Texas here.
Find a Divorce Attorney To Help
Doing all the above may seem like a lot to do. Because it is.
And it’s made even harder when you’re going through something as stressful and costly as a divorce.
This is why so many people who are getting a divorce hire a divorce lawyer to help them. A good divorce lawyer can help in so many ways. They can make sure you do everything you need to do, that the right documents are filed and served correctly and much more.
An Overview of The Process
To get an more general overview of this process, check out our general article on How To File For Divorce.