Filing for Divorce in Texas: The Documents You’ll Need

Filing for divorce in Texas involves a systematic process that can be straightforward if you understand the necessary steps. The first thing to consider is residency; at least one spouse must reside in Texas for six months prior to filing, and the filing spouse must have lived in the county where the divorce is filed for at least 90 days.

The process begins with the completion of a Petition for Divorce, which outlines the grounds for the divorce, usually citing insupportability as the most common reason in Texas. This petition must be filed with the district clerk in the appropriate county. Once filed, the other spouse (the respondent) will need to be officially served with the divorce papers. Texas allows for several methods of service, including personal delivery and certified mail.

After the respondent is served, they have a specified amount of time—typically 20 days—to file their answer. If the respondent does not contest the divorce, the process can move quicker and with fewer complications. If disputes arise regarding property division, custody, or other matters, couples may need to enter mediation or even prepare for court.

Throughout the divorce process, both parties should gather financial documents, prepare for possible temporary orders if children or significant assets are involved, and consider the impact of the divorce on their future. It is often beneficial to consult with a family law attorney to navigate the complexities of property division, child custody arrangements, and any potential spousal support scenarios.

Texas has a waiting period of 60 days after the petition is filed before a final divorce decree can be issued, providing a cooling-off period for couples to reflect on their decision and potentially consider reconciliation. Once the waiting period has elapsed and all matters are settled, the judge will sign the final decree of divorce, officially ending the marriage.

Every divorce is unique, and understanding the procedural nuances can help ensure the process is as smooth and equitable as possible.

What to Do Before Filing for Divorce in Texas

Filing for divorce is a significant decision that can have lasting implications on your life and that of your family, particularly in a state like Texas where community property laws govern asset division. Before you take the step to file, it’s essential to prepare yourself both legally and emotionally. Here are some key steps to consider before initiating the divorce process in Texas:

1. Understand the Grounds for Divorce: Texas allows for both no-fault and fault-based divorce. Familiarize yourself with the reasons you can file for divorce, including the most common no-fault reason: insupportability, where the marriage can no longer continue due to discord. Knowing your grounds can help you navigate the process more effectively.
2. Gather Financial Records: One of the most crucial steps in preparing for divorce is organizing your financial documents. Collect bank statements, tax returns, property deeds, and records of investments. In Texas, community property laws mean that most assets acquired during the marriage are subject to division upon divorce. Having a clear picture of your financial situation will help you advocate for yourself more effectively.
3. Create a Budget: Consider your financial needs post-divorce. Creating a budget will help you understand your living expenses, potential child support obligations, and how to manage finances independently. This step is especially important if you’ve been financially dependent on your spouse.
4. Consider Legal Representation: Navigating the legal nuances of divorce can be challenging. Consulting with a family law attorney experienced in Texas divorce cases can provide you with valuable insights and help you protect your rights. They can guide you through the process, from filing to negotiations about asset division and child custody.
5. Plan for Custody and Support: If children are involved, think carefully about your custody arrangements. Texas encourages parents to work together to create a parenting plan that serves the best interests of the children. Take time to consider how you will approach this sensitive area, addressing both physical custody and child support.
6. Emotional Preparation: Divorce can be emotionally taxing. Consider seeking support from friends, family, or a therapist to help you process your feelings and prepare for the changes ahead. Emotional readiness can make a significant difference in how you handle the divorce proceedings.
7. Assess Your Living Situation: Think about where you will live during and after the divorce. Determine whether you’ll remain in the family home or look for a new residence. This decision may affect financial considerations and the living arrangements of your children.

By taking the time to prepare and strategize before filing for divorce, you can approach the process with clarity and confidence. Each step you take should not only focus on the legal aspects but also involve careful consideration of your emotional well-being and the future you envision for yourself and your family.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas, at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.