Texas Divorce Process
1. Initiating Your Divorce
Many people do not realize they can initiate the Texas divorce process without legal oversight from a lawyer. Our online divorce forms make it easy to end a marriage with as little hassle as possible. Our inexpensive do-it-yourself-divorce kit can also help minimize the costs associated with dissolving a marriage.
A. Prepare the Petition
To begin the divorce process in Texas, you must prepare and file a Petition for Divorce, which formally requests certain relief/court orders. By their nature, all Petitions for Divorce will include a request to terminate the marriage. Often, the Petition will include requests for additional relief like division of assets, child support, visitation, etc.
Read more about filing divorce papers in Texas.
B. Give Notice to Your Spouse
After the Petition is filed, you must notify your spouse that the divorce has been initiated AND provide proof that notice was properly given. There are two ways to provide notice to your spouse: (1) Informally deliver a file-stamped copy of the Petition and request that your spouse sign a Waiver of Citation; or (2) Hire a constable or a process server to hand deliver the file-stamped Petition on your behalf.
C. File Proof of Notice
The judge will NOT sign the Decree of Divorce until their file shows that you gave proper notice to your spouse. The judge will be looking for one of the following:
- A Waiver of Citation dated after the Petition was filed (most common);
- An Affidavit of Service signed and filed by a constable or private process server; or
- A written answer/response signed and filed by your spouse or their attorney.
D. Wait 60 Days
You will not be able to finalize your divorce until the “cooling off” period expires. The cooling off period is 60 days from the date the Petition was filed.
2. Finalizing Your Divorce
With our well-crafted divorce documents that you can download at home, you can also end a marriage without the involvement of an attorney. Our DIY divorce kit empowers you to submit carefully thought-out divorce terms to the court for final review, allowing you to expedite and save money on the local marriage dissolution process.
A. Prepare the Decree
The Decree of Divorce is the court order that finalizes the dissolution of a marriage. The Decree is the probably the most important document in the divorce process, as it is what actually ends the marriage. In addition, the Decree can award property, set child support, dictate child custody and visitation, etc.
Read more about the Divorce Decree.
B. Spouses Sign the Decree
When both spouses sign the Decree, the divorce is considered an “agreed divorce” or “uncontested divorce.” When the divorce is agreed or uncontested, a full-blown trial (with attorneys) is not needed. Rather than presenting arguments at trial, you can simply present the Decree (signed by both spouses) to the judge and request his or her signature.
C. Judge Signs the Decree
You may get the judge’s signature on the Decree once the 60-day waiting period has expired. If the divorce is uncontested, you can usually present the Decree in person at a designated time, known as the “Prove Up Hearing.”
Read more about scheduling the divorce hearing.
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- Submit information about you and your spouse and the desired outcome of your divorce via our online questionnaire.
- Sign and file your personalized divorce forms.