If you're considering filing for divorce in Texas, you may be feeling overwhelmed and unsure of where to start. At Epstein Family Law PC, we understand how difficult this process can be, which is why we're providing a step-by-step guide on how to file for divorce in Texas:
Step 1: Determine if You Meet the Residency Requirements
Before you can file for divorce in Texas, you must meet the residency requirements. You or your spouse must have lived in Texas for at least six months prior to filing, and you must have lived in the county where you plan to file for at least 90 days. If you do not meet one of these requirements, it is prudent to contact a lawyer who can assist in a more complicated scenario.
Step 2: Prepare Your Divorce Petition
The next step is to prepare your divorce petition. This is a legal document that puts the court on notice that you are filing for divorce and outlines the grounds for your divorce, such as insupportability, adultery, cruelty, or abandonment. You'll also need to include information about your assets, debts, and any children you have together. Although it is possible to file for divorce without an attorney, it is beneficial to retain an attorney because pleadings filed with the court, such as a petition, must meet certain legal requirements.
Step 3: File Your Divorce Petition
Once you’ve prepared your divorce petition, you’ll need to file it with the court. You’ll also need to pay a filing fee, which varies depending on the county where you’re filing.
Step 4: Serve Your Spouse
After you’ve filed your divorce petition, you’ll need to serve your spouse with a copy of the petition. This is usually done by a process server. If you think your spouse might agree to waive formal service, you can send a Waiver of Service to your spouse asking that they waive such service. An attorney can assist with ensuring that your spouse is served and notified of the divorce correctly.
Step 5: Wait for Your Spouse’s Response
Once your spouse has been served, they have until the Monday after the expiration of 20 days to respond to the divorce petition. If they don't respond, the court may grant you a default judgment after taking the proper steps to do so.
Step 6: Negotiate a Settlement or Go to Trial
If your spouse does respond, you'll need to negotiate a settlement or go to trial. This can involve dividing your assets and debts, determining child custody and support, and deciding on spousal support.
Step 7: Finalize Your Divorce
Once you've reached a settlement or the court has made a decision, you'll need to finalize your divorce. This involves signing a final divorce decree and submitting it to the court for approval.
At Epstein Family Law PC, we know that filing for divorce can be a difficult and emotional process. That's why we're here to help you every step of the way.
About Jordan Watson
Jordan Watson is a Dallas-based family law attorney with a passion for helping families find the right structure to thrive. She has exclusively practiced family law since being licensed to practice law in Texas in 2020. Before graduating with honors from Southern Methodist University’s Dedman School of Law, Jordan served as the president of the Family Law Association and as Chief Counsel in the VanSickle Family Law Clinic, where she had hands-on courtroom experience before beginning practice after licensure. Contact us to schedule a consultation.