Residency Requirements
Either the petitioner or respondent must have lived in the state of Texas for at least 6 months, as well as in the county where you are filing for divorce for a minimum of 90 days. Both of these requirements must be met before filing for the divorce.
Fill Out your Forms
When filing for a no-fault divorce, various forms need to be completed. Any couple filing for a no-fault divorce should complete the Original Petition for Divorce and the Summons Form. Couples with children must complete several additional forms. Forms to be completed by people filing for no-fault divorce in Texas include:
For Couples without Children:
For Couples with Children:
- Original Petition for Divorce
- Exhibit A Out-of-State Parent Affidavit
- Waiver of Service
- Answer
- Final Decree of Divorce
- Custody, Rights and Duties Order
- Exhibit Possession and Access (Visitation) Order
- Exhibit Child Support Order
- Exhibit Medical Support Order
- Exhibit Family Information
- Employer's Order to Withhold Earnings for Child Support
If both parties agree about the terms of the divorce, they can complete a Divorce Settlement Agreement, where all the terms of their agreement are clearly stated. Rocket Lawyer's easy interview process can walk you through completing your detailed agreement.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least three copies of each. One set will be served to your spouse, one to be filed with the state, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your court clerk's office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file. You can also ask for an Affidavit of Inability to Pay if you cannot afford to pay them.
If your spouse lives in another state or country, make sure to consult a lawyer before filing.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
