Divorce: how to get started in Texas?

Divorce

Where can I get divorced?

Under Texas law, one spouse must be a resident of the state for a minimum of 6 months prior to filing. In order to determine the county in which you file, you must be a resident of that county for 90 days prior to the filing date.

What do I have to prove in order to get Divorced?

Under Texas law, grounds are not required for divorce and a valid marriage may end though a “no fault” divorce.

What’s the very first move?

One spouse will need to file a petition and have the other spouse sign a waiver of service or the other spouse will need to get personally served with the original petition and citation.

Who files next?

The other spouse will need to respond to the original petition requesting a divorce. Filing an answer with the court is one way to respond to the petition but you will need to consult with an attorney in order to determine the best way to respond to the divorce petition.

What are Standing Orders?

Some counties in Texas have Standing Orders which are court orders that take effect once the case is filed and the opposing party is served with the original petition, citation, and the standing Orders. The goal of standing order is to prohibit a party from doing a specific thing or require a party to do a specific thing in order to preserve until the court can hear the issues and make a ruling. If you don’t know if your county has standing orders, then you can call the court clerk’s office and they should be able to tell you.

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