Do not use these forms or this guide if:
The Uncontested Divorce Process in Texas
Your divorce is contested* The wife is pregnant. You have a bankruptcy pending. (If you have a pending bankruptcy, talk with a bankruptcy lawyer before filing for divorce.)
Neither you nor your spouse has lived in Texas in the last 6 months.
Is your divorce contested? -OrIs your divorce uncontested?
*Your case is contested when you and your spouse don’t agree about getting the divorce, dividing your property and debts, or what to do with your children. DO NOT USE THESE FORMS or this brochure for a contested divorce. Your case is …show more content…
Where do I get divorced?
You can get divorced in Texas if you or your spouse has lived in Texas for the last 6 months. File your divorce in the county courthouse where you or your spouse has lived for the last 90 days.
Why do I need to wait until after the baby is born?
Most Texas courts will not finalize a divorce if the wife is pregnant, even if the baby is not the husband’s. Instead, the courts wait until after the baby is born so that orders regarding the baby can be included in the divorce decree.
Do I need a lawyer?
You do not have to have a lawyer to get a divorce, but it’s a good idea especially if: You and your spouse do not agree (the divorce is contested). • • Your spouse has a lawyer. • You are afraid for your safety or your children’s safety. • You are unsure how to divide property such as retirement and real estate correctly. Getting a divorce can be complicated. If you make a mistake, it could affect your children, your property, and your income. Try to speak to a lawyer about your legal rights before you file your Petition for Divorce. Some lawyers will unbundle their services. They will “coach” you to represent yourself and only charge for the services you request. Other lawyers are available only if you hire them to handle every step of the case. If you can’t afford to hire a lawyer, contact your local Legal Aid office.
What forms do I