Texas Divorce Process

TEXAS DIVORCE BASICS

Names of the Parties: The spouse that files the petition for divorce (i.e. initiates the divorce with the court) is known as the “Petitioner”. The other spouse is known as the “Respondent”.

Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior to the date the petition for divorce is filed in Texas.

Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to the filing of the divorce petition.

No Fault: Texas is a No Fault Divorce State. “No Fault” means that one spouse DOES NOT have to prove the other spouse has done anything wrong in order to obtain a divorce. You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process.

Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed. This cooling off period supposedly helps couples who change their mind.

Appeal Period: After the divorce decree is signed by the judge, each spouse can technically file an appeal for 30 days. As such, neither spouse can get married until the divorce decree is final (30 days has elapsed from the date in which the judge signed divorce decree).

Helpful Tips:

Get Help: Remove all of the guess work on how to file for divorce in Texas by using a company like CompleteCase (the #1 divorce form company in the nation according to DivorceFormReviews.com), to help with the paper work. They will prepare all of the paperwork for you and provide step-by-step instructions on how to use their sign and file Texas divorce forms.

Ask Questions: If you have a question regarding your divorce or personal situation get FREE legal advice at Avvo. A network of family law attorneys are standing by to answer divorce related legal questions (typically within a few minutes after you post your question).

If You Have Children: It is a good idea to set up a temporary agreement on who the child will be living with and what type of visitation rights the other party has. This helps to make sure that everything is in writing and protects you. Whatever you decide, write it down and make sure you note that the arrangement is temporary, so that its clear you’re not agreeing to something for the long haul.

Grounds for a divorce in Texas

  • Adultery
  • Abandonment
  • Confinement for incurable insanity for three years
  • Conviction of a felony and imprisonment for over one year
  • Cruel and inhuman treatment.
  • Insupportability – This is the catchall that almost all divorces are filed under. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

STEP ONE: WHERE TO START?

STEP TWO: LEGAL NOTICE

STEP THREE: CONTESTED or UNCONTESTED?

STEP FOUR: DETERMINE WHICH ROAD TO TAKE?

STEP FIVE: NEGOTIATING THE THREE BIG ISSUES

STEP SIX: COURT

130 Comments
  1. *If I move from the shared address and out of the county the divorce petition was originally filed, do I have to notify the district county clerk of my change in address? Do I have to notify my soon to be ex-husband, the responded?

  2. Together 12 years, married 1.5 yrs. (4 children involved ages 6 to 15). One day wife says “we should do our own thing” then proceeds to “go out all night” during a weekend x2-3 weeks. then one day says, “aren’t you going to leave?” husband leaves home but financially supports wife for the kids. wife then tells husband shes planning on filling for divorce and she is dating someone new. Can husband file for adultery? No legal separation on file.

    • Either spouse can seek a divorce. There are various grounds for divorce including adultery.

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