Filing Requirements

To file for a divorce in Texas, you and/or your spouse must have lived in Texas for at least the preceding six months; and you must file in the county in which either you or your spouse has lived for at least 90 days.

Filing the Petition for Divorce

We will provide you with a worksheet that you will use to compile all of the relevant information about your marriage. The Handler Law Firm will use this information to draft the Original Petition For Divorce (the “Petition”).

We will electronically file the Petition with the District Clerk’s office in the appropriate county. The clerk will date stamp and assign a “cause number” that will be listed at the top of the Petition.

Filing fees vary from county to county. If you cannot afford the filing fee, you must file an Affidavit of Inability to Pay Court Costs. If the Judge accepts your Affidavit of Inability to Pay Court Costs, your filing fee and other court costs will be waived.

The spouse who files for divorce is called the Petitioner. The other spouse is called the Respondent.

Important: Once you file for divorce, both you and your spouse are subject to the court’s Standing Order.

Notifying Your Spouse

After the Petition has been filed, the next step is to legally notify your spouse (the “Respondent”) that you filed a Petition for divorce. The two most common methods of legal notification are through a “Waiver of Citation” or through a process server.

The “Waiver of Citation” method is to simply hand your spouse a court-stamped copy of the Petition that was filed and have them sign the Waiver of Citation. We would then file the Waiver with the court. This is best if you and your spouse are cooperative.

If your spouse is uncooperative or you simply don’t want to engage them, we can hire a private process server on your behalf to personally serve your spouse with a “citation,” which is formal notice of the filing of the Petition for divorce prepared by the District Clerk. The process server will charge a reasonable fee.

In the event you don’t know where your spouse is located, we can help you accomplish service by alternative means.

Bottom Line

As long as the residency requirements are met, we can file a divorce for you very quickly. Attorney Vince Handler can discuss any questions you have through a private consultation. Contact us today.

More Topics

Standing Orders
Divorce Waiting Period