Getting a Divorce in Texas: Where and How to Begin

The Texas divorce rate sits at about 2.6 per 1,000 people

While Texas may not be the state with the most divorces, there are still plenty of couples going through the exact same struggle as you. If you’ve recently considered divorcing your partner, odds are you’re feeling lost and overwhelmed. Understand the process of filing for divorce can help. 

Keep reading to learn the basic steps of filing for divorce in Texas. 

Decide on the Divorce Type You Need

The first thing to figure out when filing for a Texas divorce is what type of divorce you actually need. You may be surprised to learn that there are different types of divorce depending on your specific situation. 

First, you need to figure out if your divorce is contested or uncontested. If you have an uncontested divorce, that means that you and your spouse agree on everything including the operation of property and child custody. With a contested divorce, there is a disagreement on terms and the process will take longer. 

Then, you also have an at-fault or no-fault divorce. With an at-fault divorce, you are stating that the actions of your partner led to the divorce, such as infidelity or addiction. For a no-fault divorce, there is no blame placed and the marriage naturally fell apart. 

Submit Your Petition for Divorce

Once you know what type of divorce you need, you’re ready to officially file the divorce petition

You’ll want to take time to carefully and accurately fill out this petition. This will include the basic information for you and your partner, proving residency, and details of any children of the marriage. 

You’ll also need to decide if you will personally notify your ex of the divorce or if you want them to be legally served a notice. 

Once the paperwork is ready, you’ll submit it to your local county courthouse for filing. 

Consult With an Attorney

At this point, you may want to consider consulting with a Texas divorce lawyer to finalize the proceedings. 

An attorney will help you with the settlement process when it comes to the division of property. If your divorce has to go to trial, they will help get you prepared and ensure that there is proper discovery. Since this can be an extremely overwhelming and important process, it’s always a good idea to have a professional at your side. 

If you’re dealing with an uncontested and no-fault divorce, you may be able to complete the process without a Texas divorce attorney. 

Need Help Filing for a Divorce in Texas?

After reading this article, you’re ready to start the process of filing for divorce in Texas. 

First, you need to figure out which type of divorce you need — contested vs uncontested and fault vs no-fault. Then, you need to complete and submit your official petition for divorce. Finally, it’s best to consult with an attorney to figure out things like custody and settlements. 

Still not sure if a divorce is the right answer for you and your partner? Be sure to browse the blog section of this site for more advice.