How to Divorce in Texas: 11 Steps (with Pictures)

2024 Author: Jason Gerald | [email protected]. Last modified: 2024-01-19 22:11

Divorcing in Texas starts with filling out the right proposal, legally notifying your spouse that divorce proceedings will take place, going to court, and filling out your final divorce form. Texas law doesn't require you to hire an attorney to carry out this process, but hiring an attorney can make the process go more smoothly. Read this article for information and the steps needed to get a divorce in Texas.

Step

Part 1 of 4: Meeting the Basic Requirements

Step 1. Make sure you are eligible to file for divorce in Texas

Texas law requires that one of the divorced parties must have resided in Texas for at least the past 6 months.

Step 2. Have a reason for divorce in Texas

There are 7 reasons to get divorced in Texas, and to be able to file for divorce, one of these situations must be met in your case:

• Incompatibility: there are some things that cannot be resolved.
• Cruelty: one partner treats the other partner cruelly, to the point where the situation becomes unbearable.

• Adultery: Your spouse is cheating on you.

  

• Crime: Your spouse was found guilty and committed a crime during the marriage and must be imprisoned for at least one year. (You cannot use this excuse if your testimony was used in court to convict your spouse).
• Leaving: Your partner left with no intention of returning, and has been away for at least a year.
• Living apart: You and your partner have not lived together for at least three years.

• Being in a mental hospital: Your spouse has been in a mental hospital (government or private) for at least three years and there is no indication that your partner will return to normal.

  

Step 3. Find out where to file for divorce

You must file for divorce in the county where you and your spouse have lived for the past 90 days. Go to a family court in your area to get and file the correct form.

Part 2 of 4: Filling Out the Form

Step 1. Fill in the proper form

Everyone who fills out a form for divorce purposes in Texas must complete the original petition for divorce. This document basically tells the judge, and the world, that the person filling out this document wants to get a divorce. This form is available on the |. website TexasLawHelp.org. Depending on your circumstances, you may need additional forms. Consult with your attorney to help you fill out this form correctly. These are the forms you may need:

• The type of divorce form that is not contested and the couple does not have children. Use this form if you and your spouse do not have children and you agree to the distribution of property and money.
• The type of divorce form that is not contested and the couple has children. Use this form if you and your spouse have children and agree to share property and money.

• This type of form is for divorce by dispute and for couples who have or do not have children, you know that your spouse does not agree with divorce or the way property and money are divided. The best way to resolve this situation is to hire a lawyer, but you can view these types of forms on the |. website Texas Bar Association's Pro Se Divorce Handbook at the beginning of page 40.

  

Step 2. Fill out the form

Go to the local government office and submit the form through the clerk with a filing fee, it costs around $250 (Rp.2,500,000).. You will get a case number and legal area. The officer will keep the original form and give you two copies of the form, one for you to keep and the other for use as legal notice to your spouse.

• If you are unable to meet the filing fees, you can file an Affidavit of Inability to Pay Costs form, ask the court to reduce costs or have the divorce process run free of charge.

  

• Make sure you keep a copy of the divorce form in a safe place.

  

Part 3 of 4: Providing Legal Notices and Writing Divorce Decisions

Step 1. Give your spouse legal notice that you are filing for divorce

You can use a number of ways to do this, depending on your situation with your partner:

• Get your spouse's signature on the Waiver of Citation (approving the divorce and the spouse agreeing not to sue after the divorce). If your spouse signs this document, you do not have to provide him with a copy of the divorce application, and he does not need to appear in court. You can do this when you and your partner have reached an agreement to divorce.
• Your partner signs the answer. If your spouse agrees to the divorce but wants a copy of the contents and other information regarding the divorce process, he or she must sign the answer. He or she must also agree to sign a Decree of Divorce which you must file to complete the divorce without having to go to court.
• Communicate to your partner in person or by mail. If your spouse does not agree to divorce or there is an undesirable part for your spouse in the divorce process, you must serve him personally, through a process server (official letter from a legal institution to send a notification letter to the relevant party), or through a letter that has been registered or certified.
• Communicate to your partner through publications. If you can't find your spouse, you can serve him/her by issuing a divorce notice in the newspaper where he or she last lived. You must obtain permission from the court to do this, certifying that you have made an honest effort to find your partner.

Step 2. Wait for the required time

Texas requires you to wait at least 61 days before you divorce from the date you submitted your original documents. Additional waiting periods may occur in the following circumstances:

• If you are serving your spouse, you must wait 21 days before finalizing the divorce proceedings. This time may or may not overlap with the required 61 day period.
• There is an additional period of time which may or may not overlap with the required 61 days in cases where your spouse is legally notified by mail or process server.

Step 3. Determine whether or not your divorce is contested and set a time in court

If your spouse responds to the legal notice by agreeing to all of the terms and signing the documents you provide, including the Decree of Divorce document, your divorce is considered an undisputed divorce. If your spouse disagrees and refuses to sign the paperwork, your divorce case is challenged.

• If your divorce is not contested, find the court that handled the uncontested divorce case and set a trial date.
• If your divorce is contested, you must appear before the court and convince them that the divorce must be resolved according to your terms. Set a trial date in the relevant court. Prepare for court by doing the following:

• Consult with your attorney. You must know the factors of court judgment and the evidence you have to show. Consult the Official Texas Family Code as a reference.

  

• Gather and prepare your evidence, and talk to witnesses who may be present.

Step 4. Write the decree of divorce

This document will finalize your divorce proceedings and will be signed by the judge. This document contains how property and money will be divided, how to handle children, dependents for children's needs, and other information. It is better to ask a lawyer for help to write your decree of divorce, because filling in the right information will be very important to determine everything related to your spouse and your children for the future.

• If your divorce is not contested, your spouse must agree to the Decree of Divorce and sign this document.
• If your divorce is contested, you will have to appear in court to complete the divorce proceedings.

Part 4 of 4: Coming to Court and Completing Divorce Process

Step 1. Attend the trial

If your divorce proceedings are not contested, go to court with the Decree of Divorce document, as well as the original divorce filing document and all required forms, and will be signed by the judge.. If your divorce is contested, attend court to debate your case.

Step 2. File your final divorce documents

This includes the Divorce of Decree document and a form called Information on Suit Affecting the Family.

Tips

• Hire an attorney you feel comfortable with to tell you everything, especially regarding the divorce process.
• Hire a lawyer who is as aggressive as you need to be. Aggression is not the same as winning a divorce, especially when children are involved in the process.