About Texas Divorces
Jurisdiction
To get a divorce in Texas, one of the spouses must have been domiciled in Texas for at least the six months prior to filing the divorce and have resided in the county in which the divorce is filed for the ninety days preceding filing of the divorce.What does this mean? We assume that you are the one filing for divorce. You must have resided in Texas for at least six months and within your current county of residence for at least ninety days. This does not mean that you have to have stayed in Texas for the last six months - it is acceptable that you left the state on business or for pleasure so long as you did not establish your home elsewhere and always considered Texas your home. Further, as long as you lived in the same county for the ninety days preceding the filing of your divorce, it is acceptable if you have resided at more than one place within the same county.
The Waiting Period
After the filing of the divorce, there is a sixty-day waiting period before the divorce can be granted. The sixty days commences with the filing of an Original Petition for Divorce. After the divorce is filed, the other spouse must sign (before a notary public) a Waiver and Acknowledgment of process and file it with the court. The parties also must prepare and sign an agreed decree of divorce. During this time, "closing documents" should be prepared. Closing documents are paperwork ancillary to the divorce decree to make sure that its provisions are carried out. A closing document might be a power of attorney to transfer ownership of a motor vehicle, a deed transferring ownership, or some other legal document.The "Prove Up"
Once the sixty days has passed, the divorce case is "proved up" in a court appearance lasting only a few minutes. Although only one party need appear, certainly both parties may appear if they wish. Our divorce forms include instructions and what to do and say at the courthouse when the time comes to "prove up" the divorce.Property Issues in Divorce
The main property issue in divorce is how to divide the community property. The other issue is whether one spouse will pay the other spouse mainetenance or alimony. Read about these subjects by clicking on the tabs to the left.Children in Divorce
If there are minor children of the marriage, the divorce also must provide for child custody and visitation as well as child support. Read about child custody and child support by clicking on the tabs to the left.Family Violence
Special rules apply to divorces where a family violence Protective Order has been issued by a court or where one is pending. You cannot use Texas Divorce Lawyer Online to get an agreed divorce if a Protective Order is pending or in effect.