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Filing Your Divorce Petition in Texas
Every divorce involves two parties: the Petitioner and the Respondent. The Petitioner is the spouse who initiates the divorce by filing the Petition for Divorce. The Respondent is the spouse who is served with legal papers after the petition is filed.
Once you’ve decided to move forward with divorce, filing is the first step. It serves as the formal notice of your intent and allows you to begin dissolving your marital relationship under Texas law.
What is Required to File?
When starting the divorce process in Texas, you’ll need to pay a filing fee, which can vary depending on the county. If you’re unable to afford the fee, you may request a waiver by submitting a Statement of Inability to Afford Payment of Court Costs. Additionally, if your spouse needs to be formally served divorce papers, there will also be an issuance fee.
To qualify for a divorce, either you or your spouse must have lived in the state for at least six months and in the county where you’re filing for at least 90 days. Only one of you must meet this requirement. Military families can also file in Texas if it is considered their home state, even if they are stationed elsewhere. If your spouse resides out of state, it’s imperative to consult an attorney to determine the proper jurisdiction.
There are instances where locating the Respondent can be difficult. They may live overseas or have left the area without sharing their contact information. In such cases, alternative methods can be taken to ensure the process is completed legally.
The Respondent will be served with a Citation, the Petition for Divorce, and any additional documents filed by the Petitioner or signed by the judge. Depending on the circumstances, these files can be delivered in person, by certified mail, at the Respondent’s workplace, or through a newspaper publication.
Once served, the Respondent typically has three weeks, or the Monday after 20 days, to file an official response with the court. This is more than enough time to retain a divorce attorney if they haven’t already done so.
After The Divorce Has Been Filed
A Respondent generally has three options once they’ve been served divorce papers. They can file an answer to the petition, file a counter-petition seeking their own terms for the divorce, or choose not to answer at all. If the Respondent takes no action, the Petitioner can still move forward, potentially finalizing property division and child custody decisions without the Respondent’s involvement.
Both spouses have responsibilities during the initial filing phase, but it’s important to note that a divorce can still proceed even if one party refuses to participate. In Texas, no one can be forced to stay married if the other person wants a divorce.
Divorces can quickly become complex, especially when shared assets like homes, businesses, or retirement funds are involved. If children are part of the equation, you’ll need to address custody arrangements, visitation schedules, and child support. Alimony is another factor that may need to be decided, depending on your circumstances.
Divorce is often one of life’s most stressful experiences, but you don’t have to face it alone. Whether you’re the one filing for divorce or responding to a petition, our skilled divorce lawyers are here to guide you through every step. Let us protect your rights and your future in Houston, Tomball, Katy, Sugar Land, and beyond.
