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Updated by Cindy Diggs on Jul 26, 2021
Headline for A 5-Step Guide on How to File for Divorce in Texas
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Cindy Diggs Cindy Diggs
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A 5-Step Guide on How to File for Divorce in Texas

Here are the 5 main steps of the divorce process in Texas. If you are ready to file for divorce, the Houston divorce lawyers at Holmes, Diggs & Sadler can help!

1

Meet the Residency Requirements

Meet the Residency Requirements

Before you can file for divorce in Texas, you or your spouse must have lived in Texas for at least 6 months have lived in the county in which you are filing for at least 90 days.

2

File for Divorce

File for Divorce

In Texas, a divorce is handled as a lawsuit, which means that you must file a petition with the court to begin the process. You can find the divorce paperwork online or get a divorce packet from the clerk at your local court. You must fill them out correctly and then file them with the court clerk and pay the fee.

3

Serve Divorce Papers to Your Spouse

Serve Divorce Papers to Your Spouse

After they are filed with the court, divorce papers must be served to the spouse by a recognized process server or the sheriff, unless service is formally waived. Then, the spouse must file a response or "answer" on or before 10:00 am on the first Monday following 20 days after service.

4

Divorce Discovery

Divorce Discovery

At the start of the divorce process, both parties must make detailed disclosures describing their finances, income, and assets, and these disclosures include and should be backed up with financial documentation. This is known as "discovery."

5

Mediation or Litigation

Mediation or Litigation

Mediation is often the best option to resolve a divorce, but if it's impossible to reach a settlement out-of-court, then your divorce may proceed to trial.