Divorce Process in Texas
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Time Period
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When it comes to the divorce process, Texas is one of the easiest states, as well as one of the fastest states to process a divorce. On average, the divorce process takes a maximum of 61 days.
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Uncontested Divorce
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An uncontested divorce is one in which both parties agree to divorce one another. In Texas the process starts with filing the first set of documents with the clerk at the courthouse. Next, a waiver of citation needs to be filed with the courthouse clerk. Finally, you and your spouse will need to appear before the judge on or soon after the 61st day of the divorce process. At this point the judge will either approve or deny your divorce request.
Default Divorce
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A default divorce occurs when either party involved in the proceedings does not agree with the divorce, or the reasons for the divorce. In this divorce situation the first set of papers must be filed. Next, the spouse that disagrees with the divorce must be served with a court summons to appear before the judge. About 61 days from the date the first papers were filed, both parties must appear in court before the judge. If the served spouse does not show up, a default judgment in favor of the divorce may be issued after 30 days.
Missing Spouse Divorce
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If you do not know the whereabouts of your spouse in Texas, you may apply for a missing spouse divorce. In this divorce process you will need to first file your initial paperwork with the courthouse clerk. Next, you must pay to put an ad in a local newspaper. Call the courthouse for a list of approved newspapers in your area. This ad must state the name of the missing spouse and that you are currently engaging in divorce activities against him. After 61 days from the filing of the first papers you will appear before the judge. If your spouse does not respond to the newspaper ad, you qualify for divorce by default.
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