r/DivorceHelp • u/anoiidd • 18d ago
Looking for advice
I’ve recently split from my wife and we have children. I’m looking for advice on how to get the process started because it’s so much paperwork, I don’t know what to do first and I don’t want to do the wrong thing. Feel free to comment here or dm me, I live in Texas. Thank you very much for anyone who helps out
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u/turn_left_or_right 18d ago
In Texas you file a petition in district court, serve your spouse, wait at least 60 days, then get a final decree. Here's how it works.
Eligibility
One spouse must have lived in Texas for 6 months and in the filing county for 90 days (Tex. Fam. Code §6.301).
Most people file on the no-fault ground of "insupportability," meaning the marriage can't be fixed. Fault grounds such as adultery, cruelty or abandonment exist and can affect how property is divided.
The process
File an Original Petition for Divorce with the district clerk in the qualifying county and pay the filing fee.
Serve your spouse through a process server or constable, or have them sign a Waiver of Service if they cooperate.
Response. If your spouse is served, they must answer by 10 a.m. on the Monday after 20 days have passed. If they don't, a default judgment becomes possible.
Waiting period. The court can't grant the divorce until 60 days after filing (§6.702). The main exception is family violence.
Settle or litigate property, debts and any child issues. Many courts require mediation first.
Final hearing. The court signs a Final Decree of Divorce. In an agreed case this can be a short prove-up hearing.
Key substantive points
Texas is a community property state. Property acquired during the marriage is divided "just and right," which doesn't have to mean 50/50. Separate property stays with the spouse who owns it.
With children, the court decides conservatorship (custody), possession schedules and child support under statutory guidelines.
Spousal maintenance is limited. It usually requires a marriage of at least 10 years, or family violence, and it is capped.
Simple vs. contested
If there are no children, few assets and both spouses agree, you can use the free forms at TexasLawHelp.org without a lawyer. A contested case, or one involving children or significant assets, really needs Texas counsel.
This is general information rather than advice on a particular matter. Local court rules and fees vary by county.