When you and your spouse separate, knowing what to expect may help ease some of the stress of divorce. In Texas, either person can file for divorce in the county where he or she has lived for at least 90 days after living in the state for six months or longer.
Review the process of filing for divorce in Texas if you have considered ending your marriage.
Requesting an uncontested divorce
Some couples qualify for an uncontested divorce. You may go this route if you agree on all important issues, have few shared assets and debts, and do not have children together. You cannot go this route if either of you plans to ask for spousal support (alimony), has an open bankruptcy case, or must divide retirement benefits.
In this case, you and your spouse can decide on the important aspects of your divorce outside of court. The judge will review your divorce agreement and ensure it adheres to Texas law.
Seeking a contested divorce
You can also ask the judge to settle the contentious issues in your divorce in court if you have a contested divorce. You may disagree with your spouse about division of community property and debts, child support, spousal support, custody, or other key issues. In this case, you will both have a chance to present your case before the judge.
If you file for a contested divorce, your spouse will have a chance to file a response. The judge will also require financial disclosure, which means you both submit complete information about income, assets and debts to the court.