How to File for Divorce in Texas Without a Lawyer

Basic Steps to Getting a Divorce in Dallas, TX

1. Grounds for Divorce

Texas recognizes two types of divorces – no fault divorce and fault-based. A no-fault divorce is simple. The sole ground is “insupportability”, which is the functional equivalent of “irreconcilable differences.” It basically means, “I can no longer be married to my spouse, and I don’t expect that state of affairs will ever change.”

Texas allows many fault-based grounds for divorce, as well as many defenses against these grounds. Some examples of grounds for fault-based divorce include:

• Adultery;
• Confinement in a mental hospital (subject to certain conditions);
• Separation for at least three years;
• Cruelty,
• Felony conviction; and
• Abandonment.

If a judge finds you the victim in a fault-based divorce, the terms of the divorce (property division, etc.) are likely to favor you. If you have grounds for a fault-based divorce in your situation, talk to a lawyer about your options and the advantages of doing so.

2. Meet the Texas Residency Requirements

Uncontested divorces and contested divorces have the same residency requirements. To be eligible to file for divorce in Texas, you must have:

1. Lived in the county where you are filing for at least the last 90 days.
2. Lived in the state of Texas for at least the last six months.

3. File Your Original Petition for Divorce

Your divorce is truly started when you file your Original Petition for Divorce. One important question is “Where do you file for divorce?”. The simple answer is. “In the District Clerk's Office at your local county courthouse”, as determined by evaluating the residency requirements. Some counties allow online divorce filing (e-filing), and some do not. Even if they do, you must use their particular website and follow their rules. As mentioned above, either you or your spouse must have lived in the county where you are filing for at least 90 days.

4. Notifying Your Spouse

What happens after divorce papers are filed? The next step is to formally notify your spouse, even if they already know your intentions. This is known as the “service of process.” You may have seen people “get served” in the movies - real life doesn’t have to be dramatic (especially if you’re doing a do it yourself divorce):

• The simplest way is to have your spouse sign a “Waiver of Service” form, which you file with the county clerk’s office. This method allows you to mail or hand-deliver the service of process form and the divorce petition yourself.
• If your spouse does not agree to a Waiver of Service, you can have the county sheriff personally deliver the papers to your spouse. Your spouse will have to provide a Respondent’s Original Answer if they do not sign a Waiver of Service.
• If the sheriff cannot deliver the divorce papers, you can get the court’s permission to deliver them by mail even if your spouse does not sign a Waiver of Service. Ask the county clerk to make sure you have filled out all the right papers.
• The last resort, if you cannot locate your spouse, is to get the court’s permission and publish the divorce notice in a local newspaper.

Service of the process allows a divorce hearing to occur, even with an online divorce filing.

Default

A divorce by default occurs if your spouse completely ignores the service of the process and does not show up at the divorce hearing. In this case, the judge will probably give you most of what you asked for in your divorce petition, subject to certain overriding principles such as the “best interests of the child.”

Contested vs. Uncontested Divorce

If your spouse shows up for the hearing, the divorce can still be either contested or uncontested. It is always easier to file for an uncontested divorce than to file for a contested divorce, although one kind can turn into the other kind with shocking rapidity. The court will probably be encouraging you to come to a compromise.

The way the process works is that after you serve your spouse the divorce petition, they have 60 days to file a written Answer with the court. If the Answer agrees with your conditions for divorce, and if the court does not object to any of its terms, it is an uncontested divorce. If the Answer disagrees with any of your conditions, you have a contested divorce to resolve.

5. Complete the Final Decree of Divorce Form

The true test of an uncontested divorce is your spouse coming through and signing off on the Final Decree of Divorce. This document will address all relevant issues (property division, child support, etc.) Since Texas is a community property state, you can expect your assets and liabilities to be divided relatively equally. Some exceptions exist–inheritances typically belong to only one spouse, for example.

6. Wait 60 Days

Many states have a waiting period, and Texas is no exception. In Texas, you must wait 60 days after filing for divorce before your divorce can be finalized and the judge officially grants your divorce. This 60-day clock starts the day after you file for divorce.  Exceptions to the 60-day waiting period (where a divorce may be granted immediately by a judge) include:

• If you have an active protection order against your spouse or an active magistrate’s order for emergency protection.
• If your spouse was convicted (or received deferred adjudication order) for a crime involving family violence.

7. Go to Court

After the 60-day waiting period has passed, you can go to court and finalize the terms of your divorce. If you and your divorcing spouse (and the judge) agree with all the terms of the divorce and the information provided in your divorce forms, only the initiating spouse needs to show up at the hearing. If that spouse is you, the judge will ask you to attest to a few basic facts of your marriage and divorce, and you will need to sign some documents. It should go without saying, but you must be truthful. Lying or misrepresenting your divorce to the judge is a crime.

If your spouse contests at least one issue in the divorce, at least one adversarial hearing will occur. Both spouses can bring their lawyers, present evidence, call witnesses, and engage in arguments. The judge will issue a final written divorce decree.

8. File Your Final Decree of Divorce with Judge’s Signature

The last step is to officially file your documents with the court clerk. These include at a minimum:

• Original Petition for Divorce.
• Respondent’s Original Answer OR Waiver of Service.
• Final Decree of Divorce, signed by the judge.

There may be additional documents if you have minor children. Once your documents are filed, your divorce is official! Congratulations on completing the process.

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