How to File for Divorce in Texas
Divorce is never easy, but understanding the process can alleviate some stress.
If you’re considering filing for divorce in Texas, this guide will walk you through the steps, address common questions, and offer resources to help you navigate this challenging time.
Key Statistics on Divorce in Texas (2023)
- Divorce Rate: 2.7 per 1,000 population
- Average Length of Marriage Before Divorce: 8 years
- Common Reasons for Divorce: Infidelity, conflict/arguing, incompatibility, married too young
- Child Custody Outcomes: Joint custody (most common), sole custody, split custody
Do I Meet the Residency Requirements to File for Divorce in Texas?
To file for divorce in Texas, at least one spouse must have:
- Lived in Texas for the past six months
- Lived in the county where the divorce is filed for the past 90 days
What Are the Grounds for Divorce in Texas?
Texas is a “no-fault” divorce state. This means you can file for divorce without proving fault. The most common grounds for divorce are:
- Insupportability: 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.
- Cruelty: Cruel treatment, either physical or emotional, that renders further living together insupportable.
- Adultery
- Conviction of a felony
- Abandonment
- Living apart for at least three years
- Confinement in a mental hospital
How Do I File for Divorce in Texas?
The process generally involves these steps:
Complete the Forms
Fill out the Original Petition for Divorce and other required forms. These can be obtained from the district clerk’s office or online through the Texas Courts website.
File the Forms
File the completed forms with the district clerk’s office in the county where you or your spouse reside. Pay the filing fee.
Serve Your Spouse
Your spouse must be formally served with the divorce papers. A sheriff, constable, process server, or certified mail are all capable of doing this.
Waiting Period
Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized.
Negotiate or Mediate
During this waiting period, you and your spouse should attempt to reach agreements on issues such as child custody, child support, division of property, and spousal support (alimony). Mediation is often encouraged.
Final Hearing
If you cannot reach agreements on all issues, the court will hold a final hearing to make decisions.
Divorce Decree
The judge will sign a Final Decree of Divorce, officially ending your marriage.
What Happens to Our Children During Divorce?
The court’s primary concern is the best interests of the child. You and your spouse will need to decide on:
- Conservatorship (Custody): Who will have the legal right to make decisions about the child’s upbringing, including education, healthcare, and religion.
- Possession and Access (Visitation): The schedule for when each parent will have time with the child.
- Child Support: The amount of financial support one parent will pay to the other to help cover the child’s expenses.
How is Property Divided in a Texas Divorce?
Texas is a community property state. Generally, this means that property acquired during the marriage is considered community property and will be divided equally.
However, there are exceptions. Without an attorney (pro se), it’s highly recommended that you seek legal advice.
Divorce laws are complex, and a divorce attorney can help protect your rights and interests, especially if you have children or significant assets.
