What to Know About Filing for Divorce in Texas

A man sitting at a kitchen table filling out paperwork. His wife stands in the background looking at him

A Basic Look at the Process and Requirements

The first step in any divorce is to file the necessary paperwork and begin the process. Do you know what all is included in that process and what requirements must be met in order to file? Read on to learn the basics of filing for divorce in Texas.

Know the Requirements Beforehand

Prior to filing for divorce, be sure you meet Texas state requirements. First, in order to file for divorce in Texas, you or your spouse must have lived in the state for at least 60 days prior to filing. In addition, you or your spouse must have lived in the county where you are filing for divorce for at least 90 days prior. Know that there are exceptions to this rule for individuals who are filing from another state or who have engaged in a form of public service, such as military service.

The Filing Process

To begin the divorce process, you will need to file an original petition for divorce with the county court. When completing this petition, you as the petitioner (or person requesting the divorce and filing the paperwork with the court) have the opportunity to petition the court for your wishes concerning custody and visitation. You should know that the respondent (your spouse who did not file for divorce) will be able to do the same. It is important to work with your divorce attorney during this part of the process.

Upon receipt of your petition for divorce, the court will order that your spouse be served the petition. Service simply means being notified of the petition for divorce, but your spouse must be served in an official manner, such as through your attorney’s office or through the local sheriff’s office. Your paperwork cannot be handed off to your spouse and counted as served; it must pass through an official channel.

Once your paperwork has been served, there is a 60-day waiting period from filing before your divorce can be finalized. During this time, you and your spouse may attend mediation or attempt negotiation on a settlement agreement; if you are unable to agree, then you will attend hearings, and the court will decide important issues for you.

Work with an Austin Divorce Attorney When Filing

The divorce process can be confusing, and you may feel emotionally overwhelmed even at the thought of filing for divorce. Know that your divorce attorney is an excellent resource of information and can help you fill out the necessary paperwork in order to move forward with your divorce. At Cofer & Connelly, PLLC, our team is prepared to help you begin this phase of life and guide you throughout each step of the process to a better future.

Learn more about divorce in Texas or schedule your consultation by calling us at (512) 991-0576 or by visiting our website.

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