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How to Begin the Divorce Process in Texas

By March 15, 2018 February 9th, 2024 No Comments

Ready to begin the divorce process in Texas?  You won’t want to rush through it.  Divorce can be stressful, emotional, and frustrating.  You may feel like you want to get it over with as soon as possible.  But don’t.  You may decide to get your divorce without the services of an attorney.  But before you decide, consulting with a family lawyer is a good idea.

It is possible to file divorce papers yourself. The first step is to establish residency by living in the state of Texas for at least six months prior to filing.  You must file in the county you have lived in for the last 90 days.

When you begin the divorce process in Texas, you’ll need a Petition for Divorce.  Your partner will have to be served with papers, which requires a Notice of Service of Process, and an Original Petition for Divorce.  Once these forms are filed, your divorce can be finalized in as few as 61 days.  For many couples though, the process takes longer.  When the divorce involves contentious or difficult issues like disputed custody, support payments, or conservatorship disagreements—having a lawyer on your side is a vital part of getting the results you want.

Are there grounds for divorce?  The divorce process in Texas is different for a no-fault divorce than one in which there are grounds.  Texas recognizes several grounds for divorce including:


–One spouse is convicted of a felony


–Confinement in a mental institution for three or more years

–Abandonment by one spouse for one year or more

–Living apart for at least three years

If you and your spouse agree on who is at fault, your divorce settlement may be finalized quickly.  The same goes if you agree on the division of property, custody, and conservatorship of your children, and what (if any) support payments will be made.  If you don’t, or you aren’t sure you can count on them in the long-term—the best way to begin the divorce process in Texas is by hiring an experienced divorce attorney.

Jennifer Espronceda is passionate about helping families through difficult times, like divorce.  Contact Jennifer here or by calling 210-504-1514.