How do I file for Divorce?

If you are contemplating filing for divorce you probably have a number of questions and are under a great deal of stress. The most pressing question you may have is: "Where do I even begin if I want to file for Divorce?"

The very first step in the process of divorce is to draft an Original Petition for Divorce. Generally it is a good idea to have an attorney draft your Original Petition for Divorce to ensure that your document is consistent with Texas Law. If hiring an attorney is not possible you will be able to file the Petition on your own, or "pro se". After you have finalized your Original Petition for Divorce you will need to travel to your local county courthouse in order to file the Petition. Once you arrive at the county courthouse you will need to find the District Clerk. The District Clerk will ask you to complete a "Civil Information Sheet" and request that you provide all the necessary information the form requires. Once this is complete you will hand both the Civil Information Sheet and your Original Petition for Divorce to the Clerk. There will be a filing fee, so bring your checkbook.

The Clerk will ask you whether you will need a Citation and the answer to that will depend on how you plan on proceeding. Sometimes it is best to get your spouse served right away, at other times it is more appropriate to present a Waiver of Service.

The last step of the filing process is to make sure you receive a file-stamped copy of your Original Petition for Divorce to keep with your records.

If you have specific questions about Divorce or if you have been served with an Original Petition for Divorce, contact our office today to speak with an Austin divorce lawyer who can help.

For more specific information about the four basic steps in every Divorce you can watch one of our videos: "Four Steps of Every Divorce."