Divorce Guide

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Harris County Divorce Petition

Harris county divorce petition is an important document filed by the parties who want to get divorced. The petition is signed by the spouses requesting the court to grant divorce. Person filing the petition form is the petitioner and the other party responding to the form is called the respondent. Harris county divorce court follows the Texas law for filing the petition.

Grounds and Residential Requirements for Filing Divorce Petition

There are two types of grounds on which you can file for divorce. Texas is a no-fault divorce state, which means people can get divorced simply by stating the irreconcilable differences in marriage. People filing for divorce on fault basis can include cruelty, adultery, drug addiction, abandonment, mental health problem or imprisonment.

If you are staying in Houston, Pearland, or anywhere in Harris County, the law requires either of the parties to be residing in Texas for six months or more, and in Harris County for at least 90 days prior to file Harris County divorce petition. The divorce process can start, when you get all the necessary documents along with the petition.

In Harris County, temporary restraining order (TRO) is signed by the judge after making the decisions on family issues like alimony, child custody, property division, debt payment and visitation issues.

The Harris county divorce petition is filed with the clerk of the county district. You have to pay certain filing fee also. Costs varies from each county, you have to pay around $190 for filing a divorce petition and you also have to pay additional $8 if respondent is going to be served with the petition, and $16 if TRO (temporary restraining order ) is to be served. The clerk will then assign the case number to one of the Harris County’s Family Law Courts. This county has nine Family Law Courts.

Process of Filing Harris County Divorce Petition:

  • The Harris County District Court makes hearing on the cases filing divorce petitions of its residents. Divorce process can be uncontested if the spouses agree with the terms of divorce, or contested if they cannot settle the issues related to children. The documents and process of each type of divorce vary.
  • In all of Harris County, the divorce process starts when petition is filed and served to the spouse.
  • Fill a divorce petition form. Make copies of the form. Submit one copy to the Harris County’s district court. Pay the filing fees to the clerk.
  • Serve your spouse with the petition for divorce stating that you have filed for divorce. Let the spouse sign the Waiver of Citation form which means that he has got the petition and wants to participate in the divorce process.
  • Under Texas law, the divorce process of Harris County begins when the petition is filed. After filing the petition, the court takes sixty-day waiting period for granting divorce. The court will take another thirty-one day waiting period once the final divorce decree is signed for parties to remarry.

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