Filing for Divorce in Texas
To terminate a marriage, a divorce in Texas requires filing a petition in court. Agreed, uncontested matters
are not excepted. Filing is the beginning of a suit against a spouse, and is subject to the Rules of Civil
Procedure and Family Code. Filing fees are required. A petition must be served, either in person, upon an opposing
attorney by agreement, or through a signed waiver.
Pleadings are subject to strict requirements designed to give fair notice to all parties to divorce in Texas
of the basis of the suit, relief requested, and provide a reasonable time to respond. The person filing a
petition for divorce in Texas is referred to as the Petitioner. The opposing party is referred to as the
Defendant, or Respondent. These names do not give either party an advantage, and counter claims receive equal
consideration by courts.
Filing for Divorce in Texas - Finality
Following the settlement or trial of a divorce in Texas, courts enter a final decree. This document is filed
for public record and sets forth the orders of the court. In addition to dissolving the marriage, orders set
forth property divisions, child custody, support payments and visitation rights.
Suggestions for divorce in Texas:
- Consult legal counsel to file for divorce in Texas before discussing legal issues with a spouse.
- In a Texas divorce, filing becomes a public record. Names are available to advertisers and attorneys
who may contact your spouse, before the petition is served, offering divorce services.
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