Petition for Divorce in Texas
Establishing Jurisdiction and Venue
When filing a Petition for Divorce in Texas, you will need to disclose some information to establish that the state and county are the proper jurisdiction and venue. Jurisdiction relates to the state that has the power to grant a divorce, and venue relates to the specific court or county where the divorce should be granted.
The Petition will need to inform the court that either you and/or your spouse have been residents of Texas for the last six months. Texas courts will not have jurisdiction to dissolve a marriage unless at least one of the spouses has lived in Texas for a minimum of six months.
You’ll also need to include a clause that establishes venue. Once jurisdiction (the proper state) is established in the Petition for Divorce, you will need to establish that the county in which the Petition is to be filed is the proper county (AKA “venue”). A particular county is proper venue if at least one of the spouses has resided in said county for the last 90 days.
It is entirely possible that multiple states have jurisdiction to grant your divorce and multiple counties would be a proper venue. The Petitioner gets to decide where to file the divorce, but the facts in the Petition for Divorce must establish that the Petitioner’s choice is proper.
Citing Legal Grounds for Divorce
Part of filing a Petition for Divorce in Texas involves citing the grounds for divorce. Texas law allows you to file for either an “at-fault’ or “no-fault” divorce. All uncontested divorces are “no-fault” divorces, and the Petition for Divorce will state that the marriage has become insupportable as a direct result of discord or conflict between the Petitioner and Respondent.
Whether your spouse agrees with the reasons you cite for the breakdown of your marriage will determine if your divorce will be contested or uncontested. Uncontested divorce cases can be filed online using our do-it-yourself online divorce forms. Spouses in contested divorce cases can benefit from participating in mediation to resolve their differences outside of court.
Identifying Children and Assets
Requesting a Name Change
Filing a Petition for Divorce in Texas Online
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