The Texas Divorce Process

Many married Texas residents who wish to end their married have questions about how the divorce process actually works. Under the law, the state must have jurisdiction to hear the case before it can be filed in the courts. Jurisdiction attaches if one or both spouses have lived in Texas for at least six months.

The petitioner must then decide under which ground or grounds to state in the petition. There is a no-fault option called insupportability that many people select. Other available grounds can include adultery, abandonment, felony conviction, institutionalization in a mental hospital or that the couple is legally separated. Most people find the no-fault option to be sufficient, however.

The process is then initiated by the spouse who is seeking the divorce through a petition for dissolution. The petition can be joined by both spouses in the event they agree to everything in an uncontested divorce. Otherwise, the filer will need to have the petition, summons to respond and notice served on the other spouse. An affidavit of service then must be filed with the court. The respondent spouse will then have a set amount of time to file a response. The parties will each need to propose a division of property and debts. A spouse who is seeking spousal support will need to request it. If the couple share children, they will each need to file a proposed parenting plan.

Sometimes, it is best for a person to negotiate an agreement with his or her spouse, as people are rarely happy in the end when they leave the important decisions up to a judge. Many people find it beneficial to seek the help of a family law attorney who has experience in divorce matters and who can assist in the negotiation of a comprehensive settlement agreement.

Source:, “The Uncontested Divorce Process in Texas “, accessed on Jan. 19, 2015

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