Texas Divorce – The Courts

There is a mandatory 60-day waiting period from the time the divorce is filed until you are eligible to appear in court to finalize your divorce. However, depending on circumstances, it could take longer.

If the divorce is uncontested, only the person who filed for divorce will need to appear. The person who does not appear will need to sign and have notarized a Waiver of Citation allowing for the court to proceed in their absence.

No. Only one party must live in the county where the divorce is filed. They must have lived in that county for 90 days and have lived in Texas for 6 months.

In Texas, every effort must be made to notify your spouse of divorce proceedings. If you truly cannot find your spouse, you may proceed with a divorce by publication. However, a publication divorce takes longer, is more complicated, and more expensive. In most cases, the court will appoint an attorney to represent the missing spouse. We do not handle these cases.

If your spouse refuses to the sign the papers, you do not have an uncontested divorce. In that case, your spouse will need to be served with the papers by a court approved process server. There are additional costs involved when the papers must be served. We do not handle these cases.

In some instances a person may be able to get an annulment rather than a divorce. With an annulment there is no 60-day waiting period. However, to get an annulment, there must be statutory grounds, such as fraud. The length of the marriage is irrelevant. An annulment is more difficult and expensive. We do not handle these cases.

You must let us know at the beginning of the divorce process if you or your spouse wishes to have their name changed. Special provisions need to be included in the papers to do so. Additional charges apply for name changes.

A certified copy is not included in the price of the divorce. Additional charges apply for a certified copy. Once the presiding judge has signed the decree of divorce, you can request a copy.

Once your 60 days have passed AND you have in your possession the signed and notarized documents from your spouse, you go to court any mornings at 8:30.

You will appear before the judge and answer a few questions.

It is not necessary to wear a suit or a dress to court. However, you will need to dress neatly. Shorts, sleeveless t-shirts, and flip-flops are not appropriate. Slack or pressed jeans and a t-shirt with a collar are acceptable.

It is located at 1115 Congress, which is at the corner of Congress and San Jacinto. This is on the north side of downtown. You may use Mapquest or Google Maps for more specific directions from your home.

You will need to arrive in the courtroom by 8:15 a.m. Check in with the Clerk and have a seat in the courtroom. They will call your name. Please do not leave the courtroom.

You will need to bring a translator with you. Some courts require a certified translator. Most do not.

No, your spouse needs to sign the papers in the presence of a notary public. You may not have them sign the papers and then take them to a notary yourself. There is not a notary present in the courtroom. The papers must be notarized prior to your court date.

No. Keep the papers in your possession and bring them to court with you on the day of your court date.

This will not make a difference. They may still voluntarily sign the papers agreeing to the divorce. If they do not agree, they will need to be served the papers at their place of incarceration.

To remarry, you must wait 30 days from the date that your Decree of Divorce is signed. The Judge does not always sign the Decree on the same day that you appear in court. In some cases, the Judge will waive the 30-day remarriage prohibition for good cause shown. Please inquire as to this option at the beginning of the process, as we must request this waiver in our Original Petition.