The Basics of Divorce

Start with the proposition that a divorce is a lawsuit.

One person versus another person.

The Basics

A divorce is started by filing a petition.

This petition should be filed in the county in which either party has resided for a period of 90 days prior to the filing. At least one of the parties is also required to have lived in Texas for at least 180 days prior to filing.

This is a legal document, filed with the District Clerk, which tells the judge why you want a divorce and what all is involved.

The District Clerk will charge a filing fee for the right to file the petition. These fees are set by the legislature with some discretion left to the District Clerk. The usual fee for filing a divorce is around $200.00. If a party is unable to afford the filing fee you can file an “Affidavit of Inability to Pay Court Costs”, which may enable these fees to be waived.

After the divorce is filed, the soon to be ex needs to be formally notified either by “serving” them with a copy of the divorce petition or by simply handing them a copy of the petition and having them “waive service”.

A divorce may not be granted until the petition had been filed at least 60 days.

After the time limit has expired, a final hearing can be set, at which all issues pending in the divorce are heard. The issues may include a division of the property, if there are children, where the children will reside (with the “custodial” parent), the amount of child support to be paid, the visitation schedule for the non-custodial parent, and any other issues on which an agreement cannot be reached. This final hearing can be as brief as a few minutes and as long as weeks, if a jury trial is required.

Following the final hearing, the judge will enter a decree of divorce which divides the property and sets forth the rules concerning the children.