Where do you file for divorce in the state of Texas?

On Behalf of | Feb 15, 2024 | Divorce

Officially ending your marriage in Texas involves following certain state laws and procedures. One of the most important of these is determining the correct location to file for divorce. As a resident of the state, it’s necessary for you to understand and comply with these laws. Doing so enables Texas to officially recognize the dissolution of your marriage.

Determining the location for filing

By law, you should file your divorce in the county where you or your spouse have lived for the past 90 days. This rule, known as the residency requirement, ensures a fair process. It allows the court where you file to be one that’s familiar with local laws and circumstances so that it has the appropriate authority to make decisions about your case. If you file in a different county, the court might dismiss your case due to lack of authority. This could result in delays and additional costs in your divorce process.

So, it is crucial to remember this 90-day rule before you start the filing process. This is particularly important if you have recently relocated to a new county within Texas, as the 90-day rule applies to your new residence.

Starting the divorce process

Once you’ve determined the correct county for filing, you can begin the divorce process. This typically involves filing a petition for divorce, which is a formal request to the court to end the marriage. It also consists of serving your spouse with the divorce papers, a critical step to inform them of the proceedings and their rights. You then move forward with negotiations or court hearings as necessary. Each divorce case is unique. The complexity of the process can depend on various factors, such as the duration of the marriage, whether you have children, significant assets or debt.

When starting this process, consider seeking a legal professional. They can help you understand your situation and provide guidance on what’s best for you.