How to Petition Texas Family Courts
If you are a Texas resident and wish to petition Family Court for a divorce, you are not required to hire an attorney to represent you in the divorce. As in other legal proceedings, you may choose to go pro se, or represent yourself in the proceeding. The first step in a divorce action is filing the petition in family court.
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Instructions
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Determine which family court you will need to file your petition in. Either you or your spouse must have lived in Texas for at least six months prior to filing the petition and in the county where you wish to file for at least 90 days immediately proceeding the filing of the petition.
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Prepare the petition. The petition must include full names of the parties (you and your spouse) and any minor children born of the marriage. Ask the court to grant you a divorce and for any other relief you are seeking such as custody of minor children, support or that marital property be awarded to you. Sample divorce forms can be found at The Young Lawyers Association website (see Resources).
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Make several copies of the petition. Hand deliver or mail the petition along with the copies to the district clerk's office to be filed. Pay the required filing fee. Retain a file-stamped copy.
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Serve your spouse with a citation. This is a legal form that informs your spouse that you have initiated the proceedings. Obtain a waiver of service of citation from your spouse when possible. Hire a private process server or county constable to serve your spouse with the citation.
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Tips & Warnings
Always seek the advice of a licensed attorney when possible before proceeding pro se.
References
Resources
- Photo Credit man and woman divorced image by Ivonne Wierink from Fotolia.com
