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

Davis
June 29, 2017 at 10:44 am

Currently In Dallas Texas. Filed For Divorce 5-1-17 Spouse Signed Waiver 61 Day Period Is Approaching What Is The Next Step I Need To Do To Proceed ? No Property Have 3 Children No Child Support Needed I Habe The Childen Monday-Wednesday Spouse Have Children Thursday-Sunday. I See Alot Is Stating Final Divorce Decree How Do I Go About That Or What Is The Next Move To Make ?

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  Author
  
  txdivorce
  July 11, 2017 at 3:13 pm
  
  The next step is to get the decree signed. The judge will sign the decree at an “uncontested prove-up hearing” if both spouses sign the decree. Each court schedules and handles uncontested prove-up hearings differently, so you’ll want to call the court coordinator to see what your particular court requires. If both spouses do not sign the decree, your case is considered “contested” and an attorney will be required to traverse the process. If divorce is contested, you should consider filing an answer so a default judgment is not rendered against you.
  
  Reply
Mad and confused lady
June 28, 2017 at 12:44 am

I filed for a divorce in Texas based on adultery. In his reply, I guess he denied it because his response says I am guilty of cruel treatment toward him of a nature that renders living together insupportable.

I’m confused/shocked as to how the heck I have treated him cruelty????

What I am asking is how can this be proven in court? Does it need to be proven in court? I don’t want my name to have this record as a reason for divorce when the reason we are in this mess in the first place is because he’s a repeat cheater.

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  Author
  
  txdivorce
  July 24, 2017 at 12:13 pm
  
  Texas is a “no fault” state. In other words, you don’t have to prove fault to get a divorce. I’m guessing you have attorney prepared forms because most of the free and uncontested divorce forms use the standard no fault clause “The marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation”. Proving fault may entitle one spouse to certain extras (I’m not sure). You should speak with your/an attorney on this topic.
  
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Misty
June 21, 2017 at 4:51 pm

If my husband has agreed and signed the final decree do I need to file it with the court or do I wait until the court date and submit it directly to the judge?

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  Author
  
  txdivorce
  June 23, 2017 at 3:22 pm
  
  Each court/judge does it a little differently. Some will ask that you submit proposed documents to the court in advance of the hearing date so the judge’s admin can review it for errors/issues. You should contact the court clerk or court coordinator to determine what your particular court desires.
  
  Reply
Kristina
June 19, 2017 at 2:41 am

My husband filed for divorce in July 2016. I filed my answer within the allotted time. Due to some family issues that happened over the last year, we never finalized. Now we have separated and I want to finalize it. Do I need to file on my own or can we just continue with the previous filing?

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  Author
  
  txdivorce
  June 19, 2017 at 6:03 pm
  
  You should be able to proceed in the old case unless the court has since dismissed for lack of progress.
  
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Amanda
June 8, 2017 at 4:52 pm

My divorce was final in March. Per the decree I kept the house. I have decided to sell and now my ex is throwing a fit, saying he will take me back to court, etc. Does he have a case at all? Everything I have found says no, but I just want this done.

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Susan
May 24, 2017 at 6:40 pm

If I file for divorce in Texas (since it does not see it as being legally separated), can I then date another person without adultery issues?

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Scott
May 21, 2017 at 2:20 pm

My wife (respondent) and I (petitioner) are in complete agreement of how property should be split and that the divorce will be uncontested and we will both sign the final decree. She does not want to appear court. Should she complete the “Waiver of Service” or “Answer” form? Will she be required to attend court if the Answer is filed? Thank you.

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  Author
  
  txdivorce
  June 12, 2017 at 5:59 pm
  
  She must file the waiver of service OR an answer (she could technically file both, but only one is required). If your wife signs the decree, she will not need to appear in court and you can submit the fully executed decree to the court for execution. If you need any of these forms, see our Texas Divorce Forms article.
  
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Steven Mullican
May 18, 2017 at 11:19 pm

I have filed for divorce 4-17-17..I had to send my wife the petition via certified mail.She has now countered with what she wants. I amconfused on the next step.I know the 61 days are a cooling off period BUT what happens next? Will there be a hearing first? How will I know when?

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  Author
  
  txdivorce
  June 9, 2017 at 5:09 pm
  
  Generally speaking, the spouses must either come to an agreement on the terms of the divorce (in other words the divorce is “uncontested”) or inform the court that the spouses cannot agree (contested divorce) and ask the court to decide the terms of the divorce. Most courts will require mediation if the spouses cannot come to an agreement on all terms. The process when the divorce is contested varies from court to court.
  
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Felicia
May 18, 2017 at 2:17 pm

Is there a deadline after the 60 days for finalizing the divorce? The 61st day for me is on a Sunday and then the following Monday is a government holiday. I am just worried I will have to file a petition again if I don’t do it within a certain time frame.

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  Author
  
  txdivorce
  June 9, 2017 at 5:12 pm
  
  Each judge has different deadlines, but you’ll have time to complete the divorce after the cooling off period. You should receive a notice if the court intends to dismiss the case for lack of progress and have an opportunity to explain why the case should not be dismissed.
  
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alex
May 15, 2017 at 5:38 pm

I am trying to file for divorce myself, Me and my wife have been separated for 6 years. She has another child with another man. What documents will I need to prove the child isnt mine? Also do I need that paperwork when I file? or can I submit it after I have filed?

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  Author
  
  txdivorce
  May 15, 2017 at 9:28 pm
  
  A child born during the marriage that is not the child of the husband complicates the divorce process as their will be a presumption of paternity to the husband. You will need to have paternity adjudicated in the divorce if it has not already been adjudicated. I believe all of the divorce form providers indicate their forms will not work in this situation. It is recommended that you hire an attorney to help paper this divorce.
  
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Monica
May 7, 2017 at 3:00 am

I had all my papers for divorce court but the judge didn’t grant because he didn’t have a address. Judge told me to serve him or find him. I received a letter from the court that my trial is 5 months away. Can it be earlier then that if I serve him now?

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  Author
  
  txdivorce
  May 15, 2017 at 9:33 pm
  
  A trial is set by the court if the parties cannot agree to the terms of the divorce. You can get a divorce “by default” if your spouse is legally served with the petition, but fails to file an answer. If your spouse files a response, you’ll have to wait for the trial date unless you can settle the terms of the divorce prior to trial.
  
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Brandi
May 2, 2017 at 11:26 pm

Was married in 1998 separated in 2004. We have lived apart for 12 years now I live in Texas found him in Mississippi said would sign papers what was his is and mine is mine. now unable to find him..we have absolutely nothing together. All I want is my divorce. What do I do and the cost. No kids, no property

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  Author
  
  txdivorce
  May 15, 2017 at 9:40 pm
  
  If you can get your spouses signature on the divorce decree, you can get a divorce easily and perhaps without a lawyer. You can read more about uncontested divorce forms. If he will NOT sign the decree, you may need to hire an attorney to handle the paperwork and legal notice that will be required. There are attorneys that will handle a divorce like this for under $1000.
  
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Anthony Squillante
April 19, 2017 at 8:07 am

Once the divorce/ annulment is final does the petitioner have to give a copy of the final decree to the respondent. If the respondent is not present to attend the court date.

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  Author
  
  txdivorce
  May 15, 2017 at 9:42 pm
  
  You’d like to get a copy of the divorce decree to the respondent, if possible. Some courts may handle this for you, but you should check with your local court or a local attorney familiar with the local courts.
  
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JJ
April 18, 2017 at 9:47 pm

I live in a different state than my ex (them Texas, me in Virginia), I am wanting the divorce as much as them, and they filed with an attorney. I don’t have one nor can I make it to Texas due to work, the issue is their terms and what they are wanting is ridiculous and vengeance based, but because cannot come to an agreement they are now threatening to take it before a judge and claim it is “uncontested”. Are they able to do this and/or is there anything I can do to avoid being stuck with their terms? Etc. Thank you in advance

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  Author
  
  txdivorce
  June 12, 2017 at 6:08 pm
  
  JJ, you should file an answer or else your spouse will get a divorce “by default”. You can download one here: Texas Divorce Forms.
  
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Arnold Blanton
April 14, 2017 at 12:35 am

Me an my spouse have been separated for 17 years,after 4 attempts at getting her help for depression, as soon as she get finished with the program she falls into depression again and I had enough so I separated from her because she failed me as a wife. Although she is completely blind, I filed for a divorce under the decree martial unfaitfulness,I live in the state of Texas and as I stated we have been separated for 17 years and she nor her family have not asked me for any type of support. I truly believe I have grounds for a divorce because her stupid problems are first and i,m second and I have had enough. Will I have to pay her any type of support, she failed me I did not fail her.

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  Author
  
  txdivorce
  May 15, 2017 at 9:56 pm
  
  Grounds for divorce are not necessary in Texas. If you prove certain grounds for divorce it could have a financial effect. You’ll want to speak with an attorney for sure.
  
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Kathy Jones
March 25, 2017 at 1:44 pm

my spouse is in prison in Beaumont TX, Do the waiver of citation need to be notarized? Can I mail the wavier of citation (certified mail) to him if I believe he will sign it

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  Author
  
  txdivorce
  May 15, 2017 at 9:53 pm
  
  Yes, the waiver needs to be notarized. Assuming your spouse will ultimately sign the waiver, there is no required way to send it to him (whatever works). You may want to present him with a divorce decree to see if he will sign the decree too.
  
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Jeff Schultz
March 23, 2017 at 2:55 am

If my wife files for divorce and then won’t set the final court date, how can I get the date set? If I file myself, does the 60 day waiting period start all over again?

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1. Post
  Author
  
  txdivorce
  June 12, 2017 at 6:12 pm
  
  The 60 day clock would not start over if you filed a counter-petition for divorce in the same case. The final court date in an uncontested divorce may not need to be “set” if both spouses have signed the divorce decree. You could find out when the uncontested docket is heard and show up with the fully executed divorce decree and ask the court to sign off (No need to file a counter-petition in this case).
  
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Felicity
March 16, 2017 at 10:21 pm

I am sending my ex husband the final divorce order to be signed… Does it need to be dated for the actual date signed or does it need to reflect the 1st day after the 61 day waiting period? Anyone know?

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1. Post
  Author
  
  txdivorce
  May 15, 2017 at 9:51 pm
  
  The divorce decree can be signed by the spouses anytime. The judge can’t/won’t sign the divorce decree until the 61st day after the filing of the petition for divorce.
  
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Nikol
March 3, 2017 at 8:52 pm

My soon to be ex-husband and I are planing on filing the divorce ourselves. We’ve been separated, and living in two different places.We have agreed the our child will continue to stay with me, and share joint custody..I really don’t want to put him on child support. But I am the only one who provides for our child, and was the sole provider throughout most of our marriage..What are my best options for this situation.??

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  Author
  
  txdivorce
  May 15, 2017 at 10:06 pm
  
  It sounds like the terms of the divorce will be agreed to by both spouses. If my assumption is true, you may be able to use Texas divorce forms to complete your divorce without an attorney.
  
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2. Erica
  May 17, 2017 at 6:16 pm
  
  I agree with TxDivorce, printable divorce forms are very easy to fill out when both parties come up with agreed upon terms. My situation is extremely similar to yours. We were separated and decided that it was time to make it legal. We printed the documents from the county website, filled out the original petition, we had no REAL property and I opted not to include child support. He filed on Feb 17, I signed the waiver, and on April 27 I went to the court to “prove-up” our divorce. Since it was uncontested either party could go before the judge. We split the initial $292 filing fee, so all-in-all my divorce cost me a whopping $146. Also, in the event that you feel child support is necessary you can still file.
  
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  1. Post
    Author
    
    txdivorce
    June 12, 2017 at 6:03 pm
    
    Good job, Erica! Many spouses are nervous about doing their divorce without an attorney…I’m glad you saved money and joined the growing group of spouses who opt for an uncontested divorce.
    
    Reply
  2. Brittany
    October 3, 2018 at 11:37 am
    
    How did you document in your divorce paperwork for no child support? I am trying to do the same thing
    
    Reply
Gary
March 2, 2017 at 3:52 pm

I filed a petition for divorce (uncontested) December 21, 2016 and paid to have the District Court Clerk serve my spouse in an adjacent county. To date, she hasn’t been served and has since been arrested and transferred to the Texas Department of Corrections. What should I do next to complete the process ?

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  Author
  
  txdivorce
  May 15, 2017 at 10:04 pm
  
  Have the constable in the county where she is located coordinate with the warden to get her served.
  
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Alicia
February 28, 2017 at 11:57 pm

My husband will not sign and if served by a court officer or police officer he will ignore it even if he gets served. Will I still need to hire an attorney if he just chooses to not respond after being served?

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1. Post
  Author
  
  txdivorce
  May 15, 2017 at 9:47 pm
  
  You will be able to get a divorce “by default” if your spouse is properly served and does not file a response. The paperwork is more complex than an agreed divorce and as such, it is recommended that you hire a local divorce attorney to help you present the decree to the court.
  
  Reply
Sherry
February 23, 2017 at 7:56 pm

I have filed my divorce in the state of texas and now I have had to file the publication by citation. My question is how long after can I schedule my court hearing for the final divorce. The 60 days for my divorce is now.

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1. Post
  Author
  
  txdivorce
  May 15, 2017 at 10:02 pm
  
  After legal notice is given, you’ll need to wait until after the Monday following the 20th day after service was completed (via publication). Check with your local court, they will likely have certain days/times designated for divorce “prove-up” hearings.
  
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tracey
February 21, 2017 at 10:20 pm

Husband and I originally were divorcing uncontested – no children, no assets. He lives out of state and signed a waiver. He has received a copy of the final divorce decree but is refusing to sign and will not further communicate with me. Any suggestions?

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1. Post
  Author
  
  txdivorce
  May 15, 2017 at 10:00 pm
  
  Hire an attorney to assist you in finalizing the divorce “by default” (assuming your spouse never filed an answer/response).
  
  Reply
Tony
February 21, 2017 at 3:50 am

I have yet to file for divorce. Wife moved out in November, We both now live in a different county then we married in.

Two questions

Since we have not been living together since November, would this time go towards the cooling off period? Or does that time period start after filing for divorce?

Since we live in a different county, must I wait the 90 day period before I file?
Thanks

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1. Post
  Author
  
  txdivorce
  June 12, 2017 at 6:14 pm
  
  The cooling off period starts on the date the divorce is filed (not the separation date). You can’t file in a county until one spouse has lived there for at least 90 days.
  
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Erika
February 17, 2017 at 1:04 am

My Ex filed a divorce petition back in march 30, 2015 and i never replied back or anything i just let it pass and left it like that and never spoke to him again.. and now i want to divorce so i can remarry. What should i do?

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1. Post
  Author
  
  txdivorce
  May 15, 2017 at 9:59 pm
  
  You may need to file your own divorce if your spouse never filed the divorce papers or is not pursuing.
  
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Kat
February 15, 2017 at 7:59 pm

my husband and I have been separated for over 4 years I do not know where he is and did speak to him about divorcing and he stated he didn’t need to sign anything to just file it. How does that work seeing is no where to be found and already said he doesn’t need to sign to just file it

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1. Post
  Author
  
  txdivorce
  June 12, 2017 at 6:16 pm
  
  You can file for divorce with just your signature. You’ll have to provide notice of the divorce and then if he doesn’t file an answer, you can get the divorce “by default”. It is not legally required, but we recommend that you hire an attorney to help give proper notice and prepare the default documents.
  
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Marisa
February 13, 2017 at 1:56 am

I have an Oklahoma license but I have been back in Texas for years. Are there other ways I can prove my county citizenship outside of my ID?

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1. Post
  Author
  
  txdivorce
  August 26, 2017 at 5:25 pm
  
  You should be able to file your divorce in Texas after alleging your reside in Texas in the Petition.
  
  Reply
William Thomas
February 7, 2017 at 12:43 am

Do i have to list properties to be devided among us before filing with the courts

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1. Post
  Author
  
  txdivorce
  May 15, 2017 at 9:58 pm
  
  You’ll need to list properties in the decree (not the petition).
  
  Reply
Ray
February 6, 2017 at 6:02 pm

How would I go about doing this as service member living in Virginia but we were married in the great state of Texas? I really cant afford to travel back and forth for different signings and court dates.

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1. Post
  Author
  
  txdivorce
  August 26, 2017 at 5:24 pm
  
  You may be able to file in either state. You can e-file most of the documents, but if the divorce is filed in Texas one spouse will need to appear in court (one time) to prove up the divorce.
  
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  1. David
    January 4, 2018 at 11:10 am
    
    All assests which include the house, the furniture and the car my soon to be ex wife live in and drive are all being financed by me alone. Will the court allow her to keep assets in my name?
    
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    1. Post
      Author
      
      txdivorce
      February 10, 2018 at 4:34 pm
      
      The court is tasked with dividing the community property (i.e. assets that were acquired during the marriage). The court can order a car (for example) in your name to your spouse even if the loan is in your name.
      
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Molly
February 5, 2017 at 1:09 pm

I filed for divorce and paid a lawyer $5000. I haven’t turned in anymore paperwork and am now having second thoughts. Can I get part of that $5000 back?

We want to try counseling. :/

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1. Post
  Author
  
  txdivorce
  June 12, 2017 at 6:17 pm
  
  You can always ask, but I would guess some of that $5,000 will have been “earned” and therefore not refundable. Good luck!
  
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