Navigating a divorce in Texas requires a series of legal steps to ensure everything proceeds smoothly. Whether you are just starting to consider divorce or are ready to begin the process, knowing the required actions can help simplify what is often a complex and emotional journey.
Meet Texas residency requirements
Before filing for divorce, ensure you and/or your spouse has lived in Texas for at least six months. Additionally, you and/or your spouse must reside in the county where you plan to file for divorce for at least 90 days.
Prepare the divorce petition
You must create an Original Petition for Divorce and file it with your local district clerk. This document starts the divorce process and lists your requests, like property division or child custody.
File the petition
Once you have prepared your petition, you must submit it to the clerk along with the required filing fee. If you face financial hardship, you may be eligible to request a fee waiver.
Serve your spouse and wait
After filing, you must give your spouse a copy of the divorce petition. This is called serving the papers. You can do this using a private process server, the sheriff, or certified mail. You must also file proof of service with the court. Your spouse has a certain amount of time to respond, usually about 20 days. Their response can agree with or disagree with the terms in your petition.
Participate in mandatory court-ordered mediation
In numerous instances, the court mandates mediation prior to proceeding to trial. Mediation involves both parties engaging in discussions to resolve disputes, facilitated by an impartial mediator who assists in negotiating a mutually acceptable agreement.
Prepare for trial
If mediation fails to produce a resolution, your case will proceed to trial. During the trial, the judge will evaluate the evidence and arguments from both parties to make binding decisions on the terms of your legal separation.
It’s important to stay well-informed and consider all your options when filing for divorce in Texas. Knowing these steps ahead of time can bring clarity during a challenging event.
