Protecting Your Family's Future

The Process for Filing for Divorce in Texas

Filing for Divorce

Filing for Divorce in Texas

If you are considering filing for divorce in Texas, you may not know where to start or what steps you’ll have to take to complete the process. Here’s an overview of what you need to do.

  • Determine whether you meet the residency requirements—To obtain a divorce in Texas, at least one of the parties must have been a Texas resident for a minimum of six months immediately before filing. You must also be a resident of the county in which you file for the 90 days immediately prior to the filing.
  • Decide if you will state specific grounds—In Texas, you can allege “insupportability” as the basis for a divorce. This is essentially an assertion that neither party was at fault. Otherwise, you must allege one of the six acceptable grounds for at-fault divorce in Texas.
  • File your complaint and meet the requirements for notifying your spouse—There are specific documents you must file to initiate a divorce. It’s best to have an attorney do this for you. You’ll also need to “serve” your spouse with a copy of the divorce complaint. There are also specific rules regarding how this may and must be done.
  • Respond to the complaint—If you are the defendant in the divorce proceedings and you disagree with anything stated in the complaint, you’ll have a certain time period during which you may respond and challenge those assertions. This is known as a “contested” divorce. If you don’t respond, it’s considered an “uncontested” divorce and the court will most likely enter a default judgment.
  • Resolve issues related to custody and visitation, support and property division—If you can’t agree on any of these issues, you will need to schedule hearings with the court to obtain orders resolving any disputes.
  • Obtain a signed divorce decree—Once all issues have been resolved, the terms will be put in a written agreement and signed by the judge. The terms of the agreement are binding and can be enforced in a court of law. Once the judge signs the order, your divorce is final.

Contact Us

At the office of Linda Stewart Law, PLLC, our Baytown family law attorney brings more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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