Texas Divorce Process

Overview of the divorce process in Texas

Prior to making the decision to proceed with a divorce in Texas, it is a good idea to become familiar with the divorce basics and the key issues that must be addressed in the divorce process.

Texas Divorce Basics

Names of the Parties: The spouse that files the petition for divorce (i.e. initiates the divorce with the court) is known as the "Petitioner". The other spouse is known as the "Respondent".

Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior to the date the petition for divorce is filed in Texas.

Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to the filing of the divorce petition.

No Fault: Texas is a No Fault Divorce State. "No Fault" means that one spouse DOES NOT have to prove the other spouse has done anything wrong in order to obtain a divorce. You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process.

Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed. This cooling off period supposedly helps couples who change their mind.

Appeal Period: After the divorce decree is signed by the judge, each spouse can technically file an appeal for 30 days. As such, neither spouse can get married until the divorce decree is final (30 days has elapsed from the date in which the judge signed divorce decree).

Grounds for a divorce in Texas

  • Adultery
  • Abandonment
  • Confinement for incurable insanity for three years
  • Conviction of a felony and imprisonment for over one year
  • Cruel and inhuman treatment.
  • Insupportability - This is the catchall that almost all divorces are filed under. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

The 6 Step Texas Divorce Process:

Comments 511

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  2. What if the “petitioner” now won’t go to court to finalize the already signed papers.? Can the respondent be able to file for a no show and move forward with divorce ?

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      The petitioner is the person requesting a divorce (i.e. the person who filed the petition for divorce). If the petitioner no longer wants to pursue the request for divorce, they are free to drop the request. The respondent may also file a counter-petition for divorce (i.e. his/her own request for divorce). Only after a counter-petition is filed would the respondent/counter-petitioner be able to proceed with their request for divorce.

  3. I recently filed for divorce, husband is nowhere to be found, so he hasn’t signed the waiver of service. The 61 days are up, but child support order with attorney General isn’t complete. Is there any way to move forward and get the divorce done, given these two obstacles???

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      Author

      When using uncontested divorce forms, it is typically necessary that both spouses sign the paperwork. A divorce, however, does not require both spouses to agree to it. If your spouse cannot be found, an attorney would be recommended to help guide you through the divorce process.

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  5. I was served divorce papers by a process server, within 10 minutes I received a text from my husband that he had been notified of me being served. I am curious how he knew so fast, would the process server have called him directly to let him know? Everything I read says he would have been notified after the certificate was returned to the court. I am not sure of the procedure, any help would be appreciated.

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  6. I just want to know, being though I payed for the divorce and I put myself of support way before the filing, what happens next? Do I continue to persue even if she’s playing games with the process? Im not trying to be jerked out of 600+. PLEASE HELP

  7. got married in el paso texas in 2001 wife is from mexico. I have no idea where in mexico she is i need to file for a divorce so i can marry my partner. what do i have to do since i do not know where she is in mexico. she is not a citizen of the united states even when we were married.

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      Author

      You must give your spouse notice of the divorce. Texas statutes governs how notice can be given. There are ways to comply with the law and provide notice to a spouse that cannot be located. You’ll likely need to speak with an attorney to accomplish alternative service.

  8. My husband said he filed for divorce about two months ago, which I don’t know if it’s true. I checked where he stationed at in Hawaii, and there is no docket number. Is there a website that I can check in Texas?

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      Author

      Some of the larger counties have websites that the public can check. I am unaware of a website that can check each Texas county. I would start with the counties where you have resided in most recently. Generally speaking (in Texas), the Petitioner should file in the county where one spouse has resided for the last 90 days.

  9. Im living in a abusive relationship. My wife has attacked me on several occasions over the last 4 years. I have video taped her beating me with a broom handle, breaking my nose in front of my son (from a previous relationship) , destroying my property, and I have taken pictures of each and every scratch and cut she has given me. All of this is unknown to her.

    I want to file for divorce, but because she makes more than me, it would be financially hard for me. She owes me money for bills that are in my name, and for $500 that she put on my credit card 2 years ago. Is their anyway i can have her pay for half of the bills and for the credit card debt if I file for divorce? The credit card is in my name. Also, I bought her a laptop last year, from my account. Do inhale a right to ask for it back ?

    I need some help. I’m tired of getting blamed for everything that’s wrong in our marriage. She’s been diagnosed with clinical depression, but refuses to take her medication,which makes her worse.

    Please help me.

  10. Got a question,I Live in East Texas & Been Married 11 Years Haven’t worked the whole 11 years cause he made enough to support us, We own a home but it’s n his name only Can he kick me out and what’s my Rights I Have no Job & NO Family here

  11. Starting a divorce we have agreed on what we want and are in decent terms with each other. We agreed to a certain amount a month but her insurance is better than mine. Is it mandatory for me to carry my child with insurance also.

  12. whoah this blog is magnificent i really like reading your posts.
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  13. My wife (ex) sent me a text message partially showing the completed status of our divorce. It has now been well over a month and I still haven’t received any papers. Do I have to specifically request a copy?

  14. If on the petition I checked the box that states I do not want my name changed; is that enough to allow me to keep my husbands name? I don’t want to change my name because of our children.

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  15. I filed for divorce, and my 60 day waiting period was up the end of April. I was supposed to call the court to set a date for a final hearing. I never did that. Is it too late to do that now, or do I need to file again?

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  16. I’ve reached the 21 day waiting period for my husband to file his answer for divorce. Wherected do I go to finish this without his answer.

  17. After I file a petition for divorce, is there a time limit within which I have to finalize the divorce. I’ve gotten past the 61 day waiting period but not quite ready to pull the plug and am wondering if there is a statute of limitations for the petition.

  18. I just moved to a different county, can I still file my divorce if he still resides in the same county or do I have to wait 90 days?

    1. You would have to follow the rules for your new county. If it is a county in Texas then you would have to wait the 90 days.

  19. have a question my boyfriend is married but has been separated from his wife for over 13 yrs … she wants the divorce to get married but doesn’t want my boyfriend in the kids life so doesn’t want child support at all just the divorce… wat steps can he take to give her the divorce but wont get back at him when it comes to child support

  20. My husband and I agree to file for divorce and he keeps wanting to fight for custody of 3 year old. I am the one that takes care of the child physically and financially 95% of the time. What should I do?

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  22. My spouse won’t fill out the final decree of divorce, and this is the only document needed to complete my file before the court can give us a court date. What others ways can I use to fix this? She would not talk to me or respond to a mediator since she moved out of state.

  23. My spouse won’t fill out the final decree of divorce, and this is the only document needed to complete my file before the court can give us a court date. What others ways can I use to fix this. She would not talk to me or respond to a mediator since she loves out of state.

  24. If i want to get a divorce but my wife moved to Mexico, how can proceed with the divorce. We have agreed to child support and visitation rights verbaly. How can I proceed?

  25. My ex husband claims, he divorced me in texas but we were married in scotland i never recieved and papera to sign or final divorce scottish law says we arw still married until i can prove otherwise my ex, refuses to tell me which county he filed in

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