Get TX Original Petition for Divorce With Children 2011-2024

Make sure you meet the residency requirements for filing the petition. ... Obtain a divorce packet from the District Clerk's Office in the county courthouse in your county. ... Fill out the petition with all the information requested, according to the instructions that come with it. Make two copies of the completed petition.

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred.

It will cost you approximately $300 to file your divorce petition with the court. You may pay additional court fees depending on your county. Additional costs for your divorce will vary depending on which route you take to resolve it.

As noted, each court charges a filing fee. The average is $300, but can be closer to $500 in some states, like California. When you file a divorce petition, you also need to serve the case, or papers, to your spouse. In the case of a divorce, the papers can be served either in person or by mail.

How long do I have to serve the papers? You have 60 days from the day you file your divorce papers to serve your spouse. If you are not able to serve within that time, you can request more time. You should request more time before the 60 days is up if you can.

As a general rule, only the initial divorce papers (citation, petition and any other papers you file with the petition) need to be served by a constable, sheriff, private process server or the court clerk. You can serve the rest of the papers yourself.

Hire a sheriff or process server to serve the divorce papers on your spouse. You can use the sheriff or a server in your county if your spouse lives there. If he lives in a different county, you will need to have a sheriff or server in that county serve the papers.

Filing Fee To begin a divorce case, you must file a petition for dissolution of marriage with the clerk of court of the county in which you reside. Each court imposes a filing fee, which varies according to your location but averages about $300 nationwide.

The national average cost of a divorce is about $15,000 per person, including attorney's fees, court costs, and the cost of hiring outside experts such as a real estate appraiser, tax advisor, or child custody evaluator. The cost seems more reasonable when you consider how long the process takes.

Check the petition papers to see if an answer form is included. ... Contact the court if no answer form was included with the petition papers. ... State what you disagree with on the petition and why on the answer form. ... Bring the written answer form and your photo identification to a notary public.

If you don't respond to the papers once you've received notice, your spouse asks the court to give him a final hearing on the divorce. ... A default judgment occurs when one spouse was summoned to court but didn't respond, leaving the judge to award the divorce based on the facts shown on the filing spouse's petition.

You answer the divorce petition to let the court know your position in the divorce case. You answer the divorce petition to tell the judge what you want in the divorce. ... If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce.

Online divorce is allowed in Texas, though not every Texas court will accept online forms. You may have to file the forms in person. When it comes to divorce in Texas, you can use lawyers or online sites to fill out the paperwork. ... Sites like Complete Case make online divorce quick, cheap and painless.

Some states allow you to file for divorce online. These states have specific requirements for online divorce filing, so check your state's court site to see whether your state allows e-filing for divorce. ... If you're unsure if your county and state allow filing a divorce online, call the clerk's office in your county.

Ensure that you meet the Texas residency requirements. ... Obtain a Petition of Divorce form from the county court clerk in the Texas county district court where you are a resident. ... Sign the petition and take it to the clerk's office in the county district courthouse. ... Deliver a copy of the petition to your spouse.