Texas Divorce Process

Overview of the divorce process in Texas

Prior to making the decision to proceed with a divorce in Texas, it is a good idea to become familiar with the divorce basics and the key issues that must be addressed in the 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).

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.”

The 6 Step Texas Divorce Process:

The first step in getting a divorce in Texas is to file the "Petition for Divorce". This form will tell the judge and your spouse that you want a divorce.

Make 2 copies of a fully filled out and completed Petition for Divorce. Take the original along with 2 copies to the District Clerk's Office at your local county Courthouse where either spouse has lived for the last 90 days. The fee for filing the Petition for Divorce typically ranges from $250 - $300 dollars.
If for any reason you are unable to pay the filing fee, you may be eligible to have the county filing fees waived due to either a lack of money or if you are receiving public benefits for assistance (check with the district clerk in the county in which you intend to file the divorce). This is called an Affidavit of Inability of Pay and it will require you to disclose your financials to the court.
The Clerk will stamp your paperwork and assign a cause number and a judicial district (i.e. specific court). You will receive your two copies back, one for you and the other needs to be delivered to your spouse for legal notice of your divorce filing. Be sure to put your copy in a safe place.

The Petitioner (the person initiating the divorce) must give legal notice to the Respondent (spouse). This means that one of the file-stamped copies of the petition for divorce must be delivered to your spouse. There are a couple of methods of proving to the judge that you provided notice to your spouse:

Official Service in Person

You can hire an official process server or constable to give legal notice to the Respondent (your spouse) in person. After your spouse has been served you will receive a Return of Service from the process server/constable that is filed with the clerk to prove that your spouse received a copy of the Petition.

Waiver of Service

If the Respondent doesn't want to have a process server or constable serve/deliver the Petition for Divorce, the Respondent can simply sign a waiver of service in front of a notary. This will let the court know that they received a copy of the Petition for Divorce and thus have been informed of the divorce.
Avoid giving your spouse the Waiver of Service until you have filed your Original Petition for Divorce with the court.
If the Respondent doesn't want to waive their right to contest the divorce, they can file a Response (aka Answer or General Denial) instead.

Response/Answer

The filing of an Answer by the Respondent lets the court know that the Respondent has received notice of the divorce and is actively participating in the case and may contest the terms of the divorce.
The Answer alone doesn't assert any claims against the Petitioner. To make claims against the Petitioner, the Respondent has to file a Counter Petition for Divorce.
The spouse that files the Answer does not have to go to court and it does not necessarily mean that the case is contested.

Important Reminders

This Return of Service form must be filed with the district clerk to show the Court that your spouse has received legal notice of the divorce case.
If the Respondent fails to file an Answer (response to the divorce for through the use of an Answer Form) by the Monday following the 20th day after receipt of legal notice, the Petitioner can request a default judgment and the Court can award a divorce to the Petitioner without the Respondent signing off.
Your divorce can only be finalized after 60 days from the day you filed the petition for divorce but the 60 day waiting period can be waived due to domestic violence.

Did your spouse file an Answer or have made it clear that they will not agree with your terms of divorce? If the answer to this question is "yes", you have a contested divorce. The divorce process is stressful enough, a contested divorce is more stressful and expensive. The cost of a divorce can vary greatly depending on whether it is a contested or uncontested divorce.

Contested divorce in Texas (Spouse Disagrees)(High Cost)

If you and your spouse argue rather then come to any kind of agreement, you and your spouse will take the issues to a judge to decide.
Texas has juries in divorce trials
Most divorce trials aren't long, drawn out affairs like trials you may have seen on television. Many take a day or two, or even just a morning
It will take a huge emotional toll on you, your spouse, and certainly your kids, and also your bank account.
An average divorce may run $30,000 (each) with lawyers and could easily go higher with a few added complexities.
More forms to fill out and more information needed from both parties.
Will not recommend you do it yourself, get some assistance from a mediator or an attorney.

Uncontested Divorce in Texas (Spouse Agrees)(Lower Cost)

If you can make this happen its is the best choice for you and your spouse. Uncontested divorce is when you and your spouse work together to agree on the terms of your divorce, and you both fill out the divorce papers cooperatively to make the divorce happen.
Your uncontested case is ‘agreed’ if you and your spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.
There is no formal trial, and you probably won't have to ever appear in court.
The judge will usually approve a settlement agreement unless it's clear that the terms are completely unfair to one person or were arranged when one person was under duress.
Takes less time to complete an uncontested divorce and could cost you $100's, not $1000's.

1. Free Forms

The state of Texas has published free divorce forms. They are a little tricky to use, but will get the job done if your divorce is uncontested and you meet all of the requirements.

2. Do It Yourself Divorce (Low Cost)

If both spouses are willing to come to an agreement, you have what the divorce industry calls an "uncontested divorce". An uncontested divorce is pretty simple. Using uncontested divorce forms can make the divorce process simple and much faster. Once you are done with an online interview, you will have all necessary forms and instructions on how to use them.

3. LAWYER (Highest cost)

If you and your spouse argue rather then come to any kind of agreement, you and your spouse will take the issues to a judge to decide. Both parties will get a lawyer and fight for what they want and don't want based on their arguments. Like mentioned earlier, this is a very long and expensive process that should only be used if you and your spouse are unable to agree on most things.

Each spouse hires a lawyer
There is no guarantee who will get what because it is left up to the judge for the final verdict.
Other professionals are typically involve like accountants, therapist, actuary and this makes the cost go up.
Kids are put through a lot of stress.
Will take over at least triple the time compared to an uncontested divorce waiting period of 61 days.

Every divorcing couple must consider how property and debts will be divided, and whether one spouse will pay spousal support to the other. If you have kids, you'll also need to make decisions about child custody, visitation, and support. You and your spouse will either need to work out these three big issues or turn them over to a judge to decide.

There are two types of property in Texas Community and Separate Property. Each explained below:

COMMUNITY PROPERTY

Is the collection of assets you and your spouse have gathered during your marriage, including money, real estate, investments, pension plans, and so on. Martial debts are obligations you took on together during your married life. Both the property and the debts belong to both of you, and part of the divorce process will be to divide them up between you. Unless the court finds that equal division would be unjust.
Texas is a community property state.
Any property possessed by either spouse while married is considered to be community property.

SEPARATE PROPERTY

Are assets or debts that either of you had before your marriage, or that you acquired after the permeant separation, are called separate property or debts. Generally, each of you will keep your separate property and be responsible for your separate debts, in some states separate property can be divided at divorce.
Any property that was acquired during the marriage by gift or inheritance is also considered separate property.
If you and your spouse agree on how to divide your property then the court will simply approve your agreement. If you can't agree the court will divide things up for you the way they choose.

CHILD CUSTODY

Even if you and your spouse are never on the same page of on money matters, you should both try your hardest to come to an agreement about child custody. A child custody fight will indeed harm your children more than any other kind of dispute that might come up in the divorce process. Try to do any and everything to avoid it.

Things to figure out if you have children:

You or your spouse will pay child custody
You have to decide wether you and your spouse will share custody equally or who will be the primary custodial parent.
The person who does not have custody will be awarded visitation rights
Both spouses or one spouse may be ordered to make either a periodic, lump-sum, or in some cases may require a spouse to pay both payment intervals.

Types of custody:

Custody means to have physical custody: you child lives with you and legal custody: make legal decisions about the child welfare and education.
Sole custody, if a parent has both legal and physical custody and the other has fairly limited visitation.
Joint custody: both parents share physical and legal custody.

SPOUSAL SUPPORT (spousal maintenance)

Texas allows a maximum spousal support payment of $5,000 a month or 20% of a spouse’s average monthly gross income, if that amount is less then the $5,000.
Spousal support can be only required when the receiving spouse is not able to earn sufficient income and the time frame is not forever.
How long can you receive spousal support in Texas if you meet the requirement? Married 0-10 years = None, Married 10-20= up to 5 years, Married 20-30 years= up to 7 years, Married 30 or more years= up to 10 years
There are three exceptions:
- Mental or Physical disability
- Needed for tending to an infant or young child of the marriage
- A spouses earnings are enough to provide for the "minimum reasonable needs"

At this point you and your spouse have either came to an agreement and signed a decree of divorce or their still isn't an agreement on all terms. If the parties cannot reach an agreement, they may be required to attempt Mediation (only if you haven't already). If the parties cannot reach agreement, a trial date will be set and the judge will decide what the terms of the divorce will be.

Agreed Divorce: In an agreed divorce divorce, the spouses will include the terms of the divorce within a document called the "Final Decree of Divorce" or what is often referred to as the "Decree". The document will be signed by both spouses and then presented to the judge for his/her signature by one or both of the spouses at a "prove-up" hearing. The presenting spouse will hand the Decree to the judge and read a few sentences from a script. Once the Decree has been proved up, the judge will make it official and sign the Decree.

Comments 511

Roxanne
February 1, 2017 at 6:23 pm

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.

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1. Post
  Author
  
  txdivorce
  February 2, 2017 at 9:59 pm
  
  Either spouse can seek a divorce. There are various grounds for divorce including adultery.
  
  Reply
Danielle
January 31, 2017 at 4:07 pm

*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?

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1. Post
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  txdivorce
  February 2, 2017 at 9:58 pm
  
  Yes, you should notify the court and your spouse.
  
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judy
January 30, 2017 at 10:17 pm

If there is a final divorce decree that states my husband a defined total that he has to pay me for bills he did not pay, when is he required to pay it?

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1. Post
  Author
  
  txdivorce
  February 2, 2017 at 9:57 pm
  
  A well drafted decree would have had a timeframe/deadline in which any funds should be paid. You can file a motion to enforce the divorce decree and argue that your spouse has not complied with the terms of the decree.
  
  Reply
Amelia Guerrero
January 19, 2017 at 10:50 pm

Hi I here looking for information on helping my brother who is an inmate get a divorce. He has been asking for a divorce but the girl doesn’t want to give him one. She has had three or four kids since he’s been locked up also has got into a relationship and claims to be engaged with this other guy. This year will make 21 years by brother has been in prison. What can he or I do.

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1. Post
  Author
  
  txdivorce
  February 2, 2017 at 9:55 pm
  
  He can seek a divorce, but he will need a good attorney to help. Unfortunately, it will be difficult to navigate the process without an attorney.
  
  Reply
Chris
December 11, 2016 at 8:27 pm

My wife filed for divorce and I don’t want to get one, I want to try and work it out with her which I think we can if we just try a little harder. What can I do?

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1. Post
  Author
  
  txdivorce
  February 2, 2017 at 9:51 pm
  
  A petitioning spouse is allowed to seek a divorce even if the responding spouse does not want one. If you do not sign the decree, the court should require the spouses to attend mediation before having a trial to determine the terms of the divorce. Hopefully the mediation will provide you an opportunity to work things out and cause the wife to dismiss the divorce petition.
  
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Monica Vargas
November 1, 2016 at 12:16 am

I submitted my petition on August 27,2016. Grace period is over. do i need to call court and ask on the date for the hearing? Or am i supposed to receive a letter?

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:02 pm
  
  Each Texas court does it a little differently. If your spouse has been served and he does not respond to the petition, he is deemed to have consented to the request for divorce (the terms of which are found in the petition for divorce). The judge still has the discretion to deny the divorce if the divorce forms are not in order or if the terms of the divorce are not in the best interest of the child.
  
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Tonya
October 27, 2016 at 8:18 pm

I am awaiting for my divorce to be finalized and it says answer of (his) name when I check online to see where we stand. Can you tell me what this means? He was already given a citation.

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:06 pm
  
  It sounds like your spouse filed an answer. This means you cannot get a divorce by default judgment. In other words, the terms of the divorce will either be decided by the judge after a trial or by parties (you and spouse) at meditation or after informal settlement discussions.
  
  Reply
Kate
October 11, 2016 at 10:19 am

If I were to move out of state before the 61 day period was up, how would that affect things?

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Necol Garcia
September 24, 2016 at 3:08 am

I filed an uncontested divorce which we agreed, now he is procrastinating on signing the first process. Is their anything I can do and what if he does not sign the waiver etc will the divorce still take place in 61 days Infront of the judge? He also won’t move out which is another problem.

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:12 pm
  
  There is a 60-day waiting period in Texas, but the divorce will not proceed automatically (except that some courts will dismiss the case if no action is taken within a certain amount of time). If your spouse will not sign the waiver, you should have him/her personally served with a “citation” and a copy of the divorce petition. The clerk will issue the citation ($8) and direct the constable by the constable to serve the divorce documents on your spouse ($150). He/she will then have until the Monday following the expiration of 20 days from the date they were served to file an answer. If they fail to file an answer timely, you may be able to get a divorce “by default”. There are procedural hurdles that must be cleared, so speaking with an attorney would be advisable.
  
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Susan C
September 19, 2016 at 9:53 pm

Do I need to file any special way if I have a minor child that is not the husband’s? Or do I just include the form that shows that it’s not his?

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:14 pm
  
  If the child was born during the marriage, but is not your husband’s biological child, you will need to address paternity in the divorce documents. Unfortunately, this is going to require a Texas family law attorney.
  
  Reply
Lisa
September 7, 2016 at 8:56 pm

Im from another Florida and would like to move back home. My husband and I have been married for 3 years our daughter is 8. He has left the home. In TEXAS how hard is it to have a judge grant me approval to move back home with my family? I have not blood relatives in Houston.

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:15 pm
  
  It depends on many things. Generally speaking, the judge should do what is in the best interest of the child.
  
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Troy
August 17, 2016 at 10:13 pm

Is there a time frame after a divorce has been filed with the courts that the other party has to be served the divorce petition? I’m specifically asking for the state of Texas

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:21 pm
  
  Each court has different requirements. If you start a divorce (i.e. file a divorce petition), but do not serve the other party within a reasonable time, the court may dismiss the divorce. Most Texas courts like to keep cases moving and will dismiss the cases that appear to be stagnant. You should receive a notice of dismissal before the divorce is dismissed. If you want to keep the case from being dismissed, you can appear at the dismissal hearing and explain why the case should remain active (i.e. you are trying to serve your spouse, but you are having difficulty locating her).
  
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Love struck 39
August 17, 2016 at 7:51 am

My friend filed for a divorce from his wife several months ago. He went before the judge and she told the judge that he wanted a divorce because he don’t wanna assume responsibility of there disabled two year old. She refused to give him a divorce. So the judge did not sign off on it. Can he get a divorce even though the baby is blind and disabled? How long will it take to go back before the judge..

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 5:24 pm
  
  If the disabled child is your friend’s child, he will not be able to get a divorce unless he assumes responsibility for his child (unless the friend and friend’s spouse agree otherwise). The judge should do what is in the best interest of the child even if the parties agree otherwise.
  
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Amanda
August 8, 2016 at 6:27 pm

I am the Respondent in a divorce in Gregg County. Our divorce is going on 2 years now and I have custody of our child at this time and we have not lived in Texas for the entire amount of time of the divorce. The Petitioner has stated he refuses to move to mediation because he will not agree to anything unless I give him our child. The Judge has clearly stated this will not happen because he has a criminal felony record. Is there something I can file to move to the final divorce being as he refuses to cooperate and move to final? I feel like I am being forced to stay married to someone that filed the divorce to begin with. Only reason I did not file is because we moved out of state when we separated.

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  txdivorce
  December 7, 2016 at 5:56 pm
  
  You can request the divorce be set for trial.
  
  Reply
Kathy Page
April 14, 2016 at 3:39 am

When filing for divorce how do they determine the debt and assets. My husband is going back as far as 2006 to say what checks I wrote that weren’t used for the house and house expenses are to be deducted from how much he owes me from our assets. Is this true?? Or is it the debt and assets we have now..

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  Author
  
  txdivorce
  December 7, 2016 at 5:58 pm
  
  It sounds like you have a contested divorce. I would recommend speaking with a family law or divorce attorney. You can ask legal questions at avvo.com.
  
  Reply
hannah applegate
March 18, 2016 at 2:56 am

My husband showed up and only handed me the form titled respondents answer to divorce. What he has told me he hasnt done any other papers. he has not done anything with the courts yet he hasnt paid a fee or filed anything with the, he has had nothing stamped or anything.

so doesnt he have to go to the county to do stuff there, and pay, and get stuff legally notorized or stamped before he gives me anything? and should i have to fill out the answer from the respondent or should i just have to sign it? if i have not been shown any legal document from him on this can he be granted a divorce without me knowing? and wouldnt i have to be told the grounds for divorce and stuff like that???? please if anyone can advise me in this i need some help and dont have the money to go speak to an attorney about it

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  Author
  
  txdivorce
  December 7, 2016 at 6:02 pm
  
  Respondent’s answer is meaningless if it is not filed with the court via the court clerk. It sounds like you did not file divorce, so assuming your spouse filed, it sounds like he was providing you an answer form. We can’t give legal advice, so I would recommend that you post your question at Avvo.com.
  
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Christopher Bass
March 16, 2016 at 5:56 am

My wife wants to leave me for another guy. He’s a sex offender on parole. Parole says he cannot have a relationship with her till we’re divorced, but also he cannot date a women with children without parole consent. I love her and know, given time we can reconcile our marriage. Do I have to sign anything, or can I contest it drawing it out.

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  Author
  
  txdivorce
  July 31, 2016 at 11:59 pm
  
  You can and should contest the divorce.
  
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Erica
March 11, 2016 at 5:18 pm

I have already been in a divorce since Sept 2014 with a child involved. He was the Petitioner. I am Pro Se and his attorney withdrew because he was arrested and waiting on trial for several criminal felony charges. The Judge signed an order denying him access to the child. Am I able to file for final judgment with sole custody on grounds of his imprisonment and a danger to the child? I have taken the parenting class 8months ago. He never took it

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:04 pm
  
  It will be tough without a divorce attorney, but it sounds like you need to set the divorce for trial (assuming you and your spouse cannot agree on the terms of the divorce).
  
  Reply
Nathan Barclay
February 29, 2016 at 4:22 am

what can i do if she is nowhere to be found.

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1. Post
  Author
  
  txdivorce
  August 1, 2016 at 12:02 am
  
  If you file a divorce and cannot personally serve the respondent spouse, you can ask the judge to approve a substitute/alternate method of service (i.e. newspaper publication). It may be best to hire an attorney to help with the motion for substitute service and then the motion for default judgement (assuming your spouse does not file a response).
  
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Lynn
February 23, 2016 at 2:09 pm

Also, the first hearing we had the judge granted me the house, kids and one vehicle, and everything else was divided equally. He filed an appeal and was given a new judge who then over turned the first judges ruling, on everything and then some ( see first entry above).
Yet, I was informed that if I filed an appeal, we would go before the same judge. I don’t understand how this in anyway is “fair and just”
How does this work and how did this happen?

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Lynn
February 23, 2016 at 2:00 pm

I was married for 12 years, and I worked through out the marriage except for the last 2 years of it. My husband filed for divorce, and it was granted for unsupportability. He was given custody of our 2 children. Awared our house, all the equity in the house, our truck, suburban, and a Harley Davidson motorcycle. I was given no vehicle. I was denied any of his 401K as well as any interest we accrued on insurance policies we had. He kept all our furnishings and appliances, all my personal records (medical, birth, etc).Opened credit cards in my name with him as an authorized user, that I didn’t know about and maxed them out. And he also took all my 401k from my savings account. How did this happen if TX is a community property state? And what can I do about it if anything?

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1. Lynn
  February 23, 2016 at 2:17 pm
  
  He was ordered to pay spousal support, which he didn’t and in court his attorney said yes he did and the judge says to my attorney he said he did. And that was that. She didn’t ask him to show cancelled checks to prove that he did. Why?
  
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Claudia Bravo
February 13, 2016 at 9:19 pm

My husband and myself were married and live in Texas, but he spends a lot of time in New Mexico because of his business. We are doing our own Uncontested Divorce because we qualify and it works for us, since children are not involved. Instead of him having to fly here to Texas at a moment’s notice, can I send him the divorce papers and him sign them there and be notarized by a New Mexico? Will the Texas courts accept a New Mexico Notary Stamp?

Many thanks!

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:05 pm
  
  Yes, Texas courts will accept documents signed in front of a NM notary.
  
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Isabella
February 12, 2016 at 9:05 pm

We have reached a final settlement agreement, where my spouse agreed to child support and to pay the premium for our daughters insurance through my work as he does not have a specific employer. He has since refused to sign the final decree stating he does not agree to pay the premium and signed her up for Medicaid instead. We are going to trial in a couple weeks. Chances the judge will accept Medicaid over my work insurance and change the already signed Mediated Agreement?

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Theresa Guillory
February 2, 2016 at 1:16 am

What if the divorce is uncontested, no children involved and the other spouse has moved out of state and address is unknown..how are they served or is there a time period where their signature is not needed?

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:09 pm
  
  You must give your spouse notice of the divorce. Each state has rules on how notice can be given. There are ways to comply with the law and provide notice to a spouse that cannot be located. You’ll likely need to speak with an attorney to accomplish alternative service.
  
  Reply
Ashley
January 14, 2016 at 12:39 pm

What if he served my mother who signed my name and hid court and a final decree was issued with no visitation and I’m being completely removed and tormented by him and his new girl friend who had just had their baby when he did this

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:12 pm
  
  You’ll need to set aside the existing divorce decree. It sounds like you may have grounds to set aside. Unfortunately, this will require an attorney.
  
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OVER IT
December 22, 2015 at 4:29 pm

Im in the process of divorce… we have temporary orders in place I haven’t heard about a mediation or when next court date will be. Is there a timeframe in texas that this has to happen? We have property that we need to settle on

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:13 pm
  
  Each court is different. You can request the court order mediation and set a trial date.
  
  Reply
Timothy
December 19, 2015 at 8:26 am

Divorce petition filed on 10 Nov 15. Respondent provided answer. Initially was going to be a contested divorce, but petitioner and respondent agreed on Temporary Orders, which were approved by court on 3 Dec 15. What is the next step? Will the court make a final decree 60 days after the petition was filed, and assets divided based on temporary orders? No children or spousal maintenance involved.

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:14 pm
  
  The easiest way to resolve the divorce is to have both parties sign a divorce decree and present to the judge for signature. If both sides cannot agree on the terms of the divorce, the court may order mediation and then set a trial date (both of which are time consuming).
  
  Reply
kiondra
December 10, 2015 at 8:32 pm

once you file the original petition and you cant find your spouse he abandoned the family and you have no contact how do you proceed with the divorce without serving your spouse.

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:16 pm
  
  You must give your spouse notice of the divorce. Each state has rules on how notice can be given. There are ways to comply with the law and provide notice to a spouse that cannot be located. You’ll likely need to speak with an attorney to accomplish alternative service.
  
  Reply
Arion
December 4, 2015 at 4:35 am

My husband and I have been married for 2 years. We have no property together, just 1 child together. I am filing for the divorce and he refuses to sign any papers. We are currently separated and have not had any communication. I want to know would this be contested or uncontested and if so what do I do from this point?

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1. Post
  Author
  
  txdivorce
  December 7, 2016 at 6:20 pm
  
  The divorce is contested unless (1) both spouses agree to the terms of the divorce (i.e. by signing the divorce decree) or (2) your spouse receives notice of the divorce and fails to file an answer (you then request a divorce by default). If the case is contested, you can ask the judge to require mediation and see if the parties can agree on anything. If all terms cannot be agreed to, you will need to have a trial and let the judge decide the terms of the divorce that cannot be agreed to.
  
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RA
October 16, 2015 at 2:38 pm

What do I do if I don’t know where the respondent is to deliver the divorce papers?

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