Steps for Divorce in Texas

Steps for Texas divorce follow the statutory law.

The steps for divorce in Texas are outlined in state law. First, jurisdiction must be found in Texas. Then, appropriate grounds for divorce must be established. There are a number of fault grounds possible, as well as a no-fault avenue. Suit is filed in the proper county court, together with supporting attachments as necessary. Finally, the judge will issue an order of divorce settling all matters as between the parties.

Things You'll Need

• Jurisdiction in Texas
• Separation agreement
• Financial affidavit
• Child-support worksheet

Instructions

Jurisdiction

1. Determine whether you can file for divorce in Texas, and if so, where to do it. To be able to file, the petitioner must have been living in the state for the preceding six months. The suit may be filed in the county court where the petitioner has been a resident for at least the past 90 days.

2. Establish the grounds upon which to file for divorce. In Texas, a no-fault divorce may be pursued. Fault grounds include cruelty, adultery, conviction of a felony, abandonment, mental breakdown and living separately and apart for three years.

3. File for divorce in the appropriate county court, upon the appropriate grounds for divorce. If there has been agreement between the parties as to the division of assets and matters of custody and child support in a separation agreement, this document will be attached to and filed with the divorce filing. If there has been no agreement, the petitioner will file a financial affidavit and a child-support worksheet, if applicable.

4. Present the evidence to substantiate the divorce petition. If the matter is not contested, this can be done in a deposition, with a corroborating witness. If the divorce is contested, the evidence will be presented in court before a judge.

5. The judge will issue an order of divorce. If there are matters not previously agreed to, the judge will rule on and decide these matters as between the parties.

Tips & Warnings

• Texas is a community-property state, which means that property is to be divided equally between the divorcing parties.

• If retirement accounts or pensions are involved, it is best to consult an attorney.

References

• Divorce Source: Texas: State Divorce Laws