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Marriage, Divorce & Separation

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The Texas Supreme Court has created a packet with instructions and all the forms necessary to file an uncontested divorce, with no children and no titled land.  Download the packet here.

  • Divorce & Separation

    • No.  Texas adopted a no fault divorce statute in 1975 which allows either spouse to request a divorce on the grounds of insupportability.  Insupportability is a legal word that means the spouses simply don't wish to remain married; it does not meant that one person has done something wrong or failed at marriage.  Prior to 1975, a person seeking a divorce had to prove that the other spouse had been unfaithful, was mentally diseased, committed a crime, or some other serious problem.  After 1975, the only evidence needed to seek a divorce is a sworn statement by one spouse that they no longer wish to be married.

    • You must file a Petition for Dissolution with the District Clerk's office in the county where you have resided for the past 6 months.  You must have a copy of the Petition served to your spouse.  Your spouse should then file an answer to your request.  Their answer can be as simple as "yes" or "no."  The court will then ask you and your spouse to decide how any assets or debts acquired during the marriage will be divided.  If you cannot agree on the division of items, you can request that the Court decide for you both.  After the assets and debts have been divided, the court will sign an Order of Dissolution and formally end your marriage.  You are eligible to remarry after 30 days.

    • Yes.  In Texas, the court will not grant a divorce until 60 days after the date the suit was filed, and the other party has been properly served with the divorce papers.

    • Even if you have a simple, uncontested divorce, it is probably wise to consider hiring a lawyer to answer legal questions and assist in making decisions. In a contested divorce, you probably will need to hire a lawyer.  Disputes regarding child custody and support, spousal maintenance, taxes, and property division will almost certainly arise.  If your spouse has hired a lawyer, you may need a professional to represent you.

    • Types of Forms

      • This form notifies the Court and your spouse that you wish to get divorced.

      • This is the form that notifies the Court and your spouse that you received a copy of their Original Petition and understand they want to get divorced.  It is not an agreement or a denial.  It is simply an acknowledgement to the Court that you understand your spouse wants a divorce.

      • This is the final Order used by the Court to officially divorce you and your spouse.  It can also order that one spouse's name be changed to a "maiden" name or new name.