Texas Divorce Decree

The ultimate goal of all proceedings is to receive a Texas divorce decree. This court order dissolves the relationship. The process requires filing proper forms which are in compliance with state law.

A petition requesting a Texas divorce decree is sufficient without the necessity of specifying the underlying evidentiary facts if the petition alleges the grounds relied on substantially in the language of the statute. Allegations of grounds for relief, matters of defense, or facts relied on for a temporary order that are stated in short and plain terms are not subject to special exceptions because of form or sufficiency. Courts must strike allegations of evidentiary fact from pleadings on the motion of a party or on the court's own motion.

The petitioner must attach to the petition a copy of each protective order in which one of the parties was an applicant, and the other party was the respondent, without regard to date. If a copy of the protective order is not available, the petition must state that a copy will be filed before any hearing.

Texas Divorce Decree - Finality

Once a Texas divorce decree is approved and filed for public record, a certified copy of the filing is legally sufficient to prove the marriage has ended. The court may not grant a divorce before the 60th day after the date the suit was filed. A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.

Note regarding Texas Divorce Decrees:

• A Texas petition for divorce is required in all cases.
• Texas divorce procedure requires an appearance by at least one spouse, even in non-contested cases.
• Copies of Texas divorce decrees become public record, and are available to anyone who inquires.