Divorce Guide

Divorce Guide


Texas divorce papers


Divorce papers are different in every state and country. The divorce process in Texas starts with filing the document of original petition with the district court. The person filing the Texas divorce paper must have been a resident of the country, for at least 90 days before the filing. Texas laws permits the couple for filing the divorce once they meet with all the legal requirements. Nearly all uncontested divorces are based on no fault ground. The no fault ground in Texas can be when marriage becomes unbearable or couples are living separately for almost 3 years.

Filing divorce paper

Before filing for uncontested divorce, as mentioned above a person should be resident of country for 6months.There is a 60-day waiting period after filing. Following words are used in legal Texas divorce papers-

Exact words in capital words:

  1. IN THE DISTRICT COURT OF COUNTY,TEXAS,JUDICAL DISTRICT
  2. PETITION FOR DIVORCE DECREE OF DIVORCE. It should be placed as the title of final papers Words ‘county’ should be used. Use the word ‘Petitioner’ and ‘Respondent’, where “P” and “R” should be capitalized.

If you want to file divorce papers on your own then take advice of your lawyer before filing. Contact your county courthouse as he may have certain forms that you have to fill up. File the petition in appropriate county with at least three copies .Contact the clerk and pay the filing fee accordingly. File the waiver of service with the county where divorce was filed. List the assets owned by both the parties for the proper division during divorce process. Once the papers are filed send it to your spouse for the acceptance.

Necessary divorce papers to be attached

Following are Texas divorce papers that are provided free online along with the instructions of how to fill it.

  • Possession order regarding children
  • Order for spouse to provide health insurance
  • Order of debt and property to be awarded to petitioner and recipient
  • Employers order to withhold child support

Serving divorce papers in Texas

After filing petition for divorce to the court and get acceptance of divorce papers from your spouse, next thing you should do is to serve the papers.

  • Once your spouse accepts the papers, let him fill waiver of citation(tells the court that your spouse accepted the divorce papers) in front of a notary
  • If papers are not accepted by your spouse, contact a process- server or sheriff to serve the papers. Ask him for charges for filing a return with court.
  • Provide the sheriff with the copy of court filed paper and your spouse’s current address.
  • Serve the papers at post office by certified mail signed by your spouse. Once signed you can file it with court along with a return of citation form
  • You can request for alternative service methods. Publication is another method. It is used for divorce with child custody. For this you need to publish the notice in newspaper to inform your spouse about divorce. This method is used when you are unable to contact your spouse for filing the papers.

If there is any kind of disagreement regarding the information in the divorce papers, you can work it out before dissolution of marriage in the court.


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