Legal Requirements for Filing for Divorce

On Behalf of Robert S. Clark Sr.

Jan 15, 2025

If you are looking to file for divorce here in Texas, you’ll need to jump through a few hoops and deal with the red tape of what is, at least to the state, a legal process. A divorce attorney in Houston, TX can help smooth the road while protecting your rights and giving you the support you need.

See If You Qualify to File Here

To file for divorce here in Texas, at least one of you will need to have been a resident of the state for six months or more, and you’ll need to file in a county where you have lived for at least 90 days.

You’ll need an original petition for divorce, a citation or waiver, a notice of service of process, and a decree of divorce to get this done. You may need other paperwork in addition to these, depending on your situation, but your lawyer will be able to help you make sure you’re in compliance with all of the requirements.

Choose Your Grounds for Divorce

Before you file, you will need to choose the grounds you are claiming for your divorce. Texas is a no-fault state, and that means you can file on the grounds of “insupportability.” That simply means that you and your spouse are not saying that anyone is at fault, but the marriage simply cannot go on.

This is always the fastest and easiest way to get divorced, but it will not be right for everyone. In some cases, it’s best to file on the grounds of a particular fault, as this can have an effect on issues like child custody, spousal support, and child support as well as asset division.

There are six grounds upon which you can claim for fault divorce.

One is cruelty, another adultery, and a third abandonment. If you and your spouse have been living apart for long enough, this will also count as grounds. If your spouse has been confined in a mental institution, you can also claim grounds for divorce on this basis. You can also ask for a fault divorce if your spouse has been convicted of a felony.

Get a Divorce Attorney in Houston, TX

Even if you’re filing for an uncontested divorce and you and your spouse agree on most things, it still usually a good idea for both spouses to have their own legal representation.

Your lawyer will help you to file everything correctly and on time, but your lawyer’s help goes far beyond this.

As you and your spouse negotiate all the potentially contentious aspects of your divorce, from how to divide your assets to a child visitation schedule and request for spousal support, the whole thing will go a lot more smoothly if you have a buffer between you.

Your spouse can also ensure that all settlements are not only in your best interests now but also take into account your future best interests. It’s easy to get so fixated on the immediate in a divorce that you lose sight of the big picture for the future.

And if you and your spouse have a contentious divorce, where you don’t agree on important aspects, having a lawyer is even more important.

A lawyer can help you to uncover assets your spouse may be attempting to hide, represent you in court, negotiate effectively on your behalf, help you get a restraining order against a violent spouse, and provide many other important services.

File for Divorce

To file for divorce, you will need to fill out all the right forms, file them with a clerk of your county’s family court, and pay whatever fees are required based on your situation. Your lawyer will make sure that all this is done accurately, on time, and in a petition that gets the ball rolling in a way it gives you the best chance at a smooth and fast divorce.

Serve Your Spouse

Once you have filed for divorce, you will need to officially serve your spouse with divorce papers. If you and your spouse are in agreement about getting divorced, the simplest thing to do is just ask them to sign a waiver of service.

They must sign this form in front of a notary public, and this form does not mean that they agree to everything you lay out in the divorce petition.

It only means they agree to get divorced and move the process along.

If your spouse is not willing to do it this way, you can have them served by a sheriff or constable or by a private process server. You can also send them the papers by registered or certified mail. If you can’t find your spouse, you can file a request with the court to reach out to them in another way, such as by email, social media, or putting an ad in a local paper.

Respond to the Answer or Counterpetition

Once your spouse has the papers, they have 20 days to file an answer with the court. They have to file this answer to have the right to be present at all the court hearings related to the divorce. They can also file a counterpetition, if they wish, which is very much like the form that you filled out, only it will argue that they want something different from the court than what you have requested.

Wait Out the Waiting Period

Texas requires you to go through a waiting period of at least 60 days before you can officially get a divorce. There are exceptions to this in cases of domestic violence, but you will need to talk to your lawyer to ask about how to get help more quickly.

This waiting period is partly to give you and your spouse a chance to cool off and maybe reconsider, but it’s also a very useful period for working on coming to an agreement.

If you and your spouse are able to agree on the important matters of your divorce, you can get an uncontested divorce, which is the fastest and cheapest option. If you can’t, you will have a contested divorce and will need to attend various court hearings where you present your evidence and make arguments for why the terms of your petition should be accepted over your spouse’s.

Final Divorce Decree

If you and your spouse cannot come to an agreement on your own, a judge will finalize the divorce at a hearing and make all the decisions. If you do agree, the final hearing is basically just a formality where the judge signs off on it and gives you your final decree of divorce. Bear in mind that the judge will be looking to be sure that all the terms of your agreement are in accordance with the law, so you will want to have a lawyer look through it all to make sure that your agreement will pass muster with no issues.

For experienced help with your divorce, contact us at the Clark Law Firm, P.C. in Houston, TX today.

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