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Filing for a Divorce in the State of Texas

 Posted on April 11,2022 in Divorce

Texas divorce lawyerWhen a couple decides to get a divorce, there are several different ways it can go. While every divorce has their own set of unique circumstances, there are certain constants in the divorce process no matter what has occurred in the couple’s marriage. One constant that anyone who has decided to divorce their spouse should adhere to is seeking out the legal advice of an experienced Texas divorce lawyer, regardless of whether it is a friendly divorce or a contentious one.


Before you are even permitted to file for a divorce in Texas, you must meet certain requirements. The primary qualification you must have is residency; Texas mandates that you have lived in the state continuously for at least six months and that at least one of the spouses must have resided in the county in which the divorce is being filed in for a minimum of 90 days. As long as this residency requirement has been met, one of the spouses can file a petition of divorce.

In the petition, the spouse must cite a reason why they are seeking to end the marriage. Although Texas law does not require a person filing for divorce to have an attorney representing them, it is always a smart idea for your own protection to at least consult with an attorney to ensure that you are proceeding correctly.

Petition Process

After the divorce petition is filed with the court, the spouse who filed (referred to as the petitioner) must notify the other spouse (referred to as the respondent) of the divorce filing. The respondent spouse then has 20 days to respond to the petition.

At this point, either spouse may also file a request for the court to issue temporary orders in order to protect all marital assets and prevent the other spouse from spending, hiding, etc., in order to avoid Texas community property laws. The court can also file temporary orders regarding child custody, child support, alimony, debt payments, and any other issues that may need to be addressed.


Other than issuing temporary orders, there will be no action by the court regarding the divorce for at least 60 days. This is a mandatory waiting period under Texas law. However, the couple can begin negotiations in order to try to come to agreements on marital issues that must be decided. If the spouses cannot to a fair and equitable settlement, the court will make these decisions for them.

Call Our Denton County Divorce Attorney

If you have decided to end your marriage, call Magaña & Van Dyke at 940-382-1976 to schedule a free consultation with one of our dedicated Cooke County family lawyers and let us make sure you receive the divorce settlement you deserve.


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