How to File for Divorce & Get Full Custody in Texas
Divorce can be a difficult and emotional time and is made more so when there are children involved. If you are a resident of Texas and wish to file for divorce, you will also need to petition for custody of the children at the same time if you are seeking custody of any minor children born during the marriage. Texas courts will uphold an agreement made by the parents that determines custody if it is in the best interests of the children. When the parents are unable to reach an agreement, a Texas court will make the custody determination based on the best interests of the children.
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Things You'll Need
- Petition for divorce
- Decree of Divorce
- Verification
- Financial Affidavit
- Child Support Worksheet
Instructions
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Determine in which county you will file your divorce. Either you or your spouse must have lived in Texas for at least six months before filing the petition and in the county where you intend to file for at least 90 days.
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Prepare the required documents. You will need to prepare a petition for divorce, verification, financial affidavit, child support worksheet and divorce decree. There may be additional documents required in your specific situation. Forms can be found and completed on the Texas Law Help website. (see Resources)
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Make several copies of all documents. File the documents with the appropriate clerk of court in the county where you live or where your spouse lives. Pay the required filing fee, which will vary by county. The clerk will file-stamp additional copies for your records and for service of process.
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Serve your spouse with the documents. Your spouse can sign a waiver indicating that he or she has received the documents. You may also have a process server serve the documents. If you do not know where your spouse is at the time of filing, you may serve her by publication in a local newspaper.
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Attend all pre-trial hearings ordered by the court. Follow all orders of the court such as parenting classes, home-study evaluations or mediation.
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Appear for the final hearing. If you and your spouse have an agreement regarding all issues in the divorce, including custody, you may present that at the hearing. If not, then the judge will take testimony and review any evidence before ruling on all the issues, including custody.
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Tips & Warnings
Note that there is a mandatory 60-day waiting period after the divorce is filed -- even if the parties have an agreement -- before the divorce can be finalized.
References
- Photo Credit children image by Mat Hayward from Fotolia.com
