Divorce in texas

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  • Publicado : 10 de mayo de 2011
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The divorce process starts with the filing of a document entitled Original Petition for Divorce. This may be 2 pages or 40 pages, depending on your circumstances and the relief you request. As ageneral rule, you are not required to sign the petition unless you are acting as your own lawyer. Accordingly, if you want to review it before it is filed and delivered to your spouse, please let yourlawyer know. The Petition is required by statutes to contain certain information and must also include certain representations by the party. For instance, if there is a premarital agreement between theparties, it should be called to the Court's--and the other side's-- attention in the first pleading.

In Texas, the Court cannot grant a divorce without disposing of property issues. Additionally, ifchildren were born to or adopted during the marriage, orders concerning their conservatorship (custody) and support will be determined at the same time. In other words, it all happens at the sametime in the same proceeding (for lawyers-- no bifurcation). Of course, the Court must have jurisdiction to grant a divorce, which is based on one or both parties domicile and residency not only in theState of Texas but also in the County where the action is to be filed. The voters of Texas indicate that a marriage is only between a man and a woman, and same sex couples, even if legally married inanother state, cannot get a divorce in Texas. In certain instances, military personnel stationed in other places can get a divorce in Texas. Texas statutes define a marriage as being between a manand a woman, but see the article Gay Divorce in Play in Texas about the ability of a Texas Court to divorce a gay couple.

This petition is filed with the District Clerk in most counties, and yourcase is assigned to a Court. Each county has one or more courts handling family cases. In Dallas, there are seven Family Law District Courts. In Ft. Worth, there are also seven. The filing of cases is...
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