To get a divorce in Texas, you generally need to follow these key steps:
- Meet Residency Requirements: You or your spouse must have lived in Texas for at least six months and in the county where you will file for at least 90 days.
- File Original Petition for Divorce: Start the divorce process by filing this document at the district court in the appropriate county. The Petition includes information about the marriage, residency, and requests for the court.
- Notify Your Spouse: Provide your spouse with a copy of the Petition, either by having them served or by getting their waiver if they agree.
- Wait 60 Days: Texas requires a 60-day waiting period after filing before the divorce can be finalized, with exceptions for cases involving family violence.
- Finalize Divorce: After the waiting period, go to court for a hearing where a judge reviews paperwork and signs the Final Decree of Divorce, officially ending the marriage.
This process applies to both uncontested and contested divorces, with steps varying depending on whether you and your spouse agree on terms like property division, child custody, and support. Temporary orders may be issued during the process to address immediate concerns. Texas is a no-fault divorce state, typically granting divorce on grounds of "insupportability," meaning the marriage has conflicts that make reconciliation unlikely.
