How to File for Divorce Papers in Dallas
Filing for divorce in Dallas can be an emotional experience. Dallas County allows individuals to file for divorce without representation by an attorney. The forms required depend on whether children under the age of 18 are involved. In Texas, a divorce cannot be filed if the woman is pregnant. You can file for divorce on your own only if it is uncontested. Either you or your spouse must have lived in Texas for at least the past six months.
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Things You'll Need
- Packet for uncontested divorce without children
- Packet for uncontested divorce with children
- Affidavit of inability to pay costs (if you are unable to afford filing fees)
- Waver of Citation
- Answer form
- Return of Service form
Instructions
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Obtain the required form packet by visiting Texas Law Help website. Complete each form by following instructions included in the packet. File in the county in which you or your spouse has lived for the past 90 days. Use pen to fill out the forms. Avoid mistakes or crossing out information.
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Make two copies of the original form and file all three with The Clerk of Courts in Dallas County. Pay a filing fee, which ranges from $255 to $306, depending on the complexity of your case. The clerk stamps your petition as filed, issues a case number and returns the copies to you. The court retains the original documents.
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Inform your spouse you are filing for divorce. Have your spouse sign a Waiver of Citation in front of a notary after you have provided him with a copy of your stamped original petition for divorce. This waiver must be filed with the court.
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Allow your spouse to make an alternative response after providing him a copy of the stamped original petition. If your spouse chooses to be present in court during the proceedings, he must file an Answer form with the court instead of a Waiver of Citation.
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Serve your spouse by having a process server give him a copy of the stamped original petition if your spouse does not agree to sign either the Wavier of Citation or Answer form. The server will complete a Return of Service form and file it with the court.
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Wait the required period for divorce (typically 61 days). Attend any legal proceedings regarding the divorce. Maintain contact with the court.
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Tips & Warnings
Make a good-faith effort to find your spouse if you are unaware of his location. The court requires you to provide evidence of the steps you took to locate your spouse.
References
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