Divorce Complaint

You may have already emotionally committed to the idea of getting a divorce—you may have even started shopping around for a good family law attorney. However, in Texas, a divorce doesn't technically begin until a divorce complaint has been filed.

A divorce complaint (or "petition for divorce") is a legal document that notifies the court of your intent to dissolve your marriage and requests their help in doing so. In order to be valid, however, it must meet certain legal requirements, and a failure to do so can sometimes delay divorce proceedings.

Before You File Your Divorce Complaint

A divorce complaint might make the whole thing official, but the process of filing for divorce starts long before you submit any paperwork. Things to check off your list before starting your complaint include: confirming the residency requirement (at least one of you must have lived in the state for at least six months), choosing the type of divorce, and selecting representation.

Filing Your Divorce Complaint

In Texas, you initiate your divorce by filing a divorce complaint—also known as an "Original Petition for Divorce." This document acts as a kind of declaration to the court that you intend to dissolve your marriage and also requests their help in achieving that end.

Step 1: Acquire and Complete Petition. All of Texas's divorce paperwork can be found online. When filling out your paperwork, it's important to be as accurate and detailed as possible. At the very least, errors will result in delays. You'll need your personal ID information, your spouse's information, your grounds for divorce, information about any children, and information about marital property, debt, and separate property.

Step 2: Complete Additional Forms. Every Texas divorce starts with an Original Petition of Divorce; however, there will likely be other forms needed depending on your circumstances. If you are unsure which of these you'll need, it's best to talk to a family law attorney.

Step 3: File Paperwork. Once complete, you will need to take your petition along with all other completed paperwork and file them with your county clerk—be sure to make copies of everything first. At this time, you will also be expected to pay a filing fee, which usually ranges between $250-$300.

After You File Your Divorce Complaint

If you have successfully filed your paperwork and paid the fees, you have officially filed for divorce in Texas. However, before you relax, you'll need to notify your spouse that you have filed, which must be done via proper service. Afterwards, they will have thirty days to respond. If your spouse does not respond within thirty days, your judge will likely enter a default judgment. If they do respond, then you'll either need to proceed to settlement proceedings or to trial.

Do You Need Help with a Divorce Complaint in Texas?

If you have more questions about how to file a divorce complaint in Texas—or want to know what you should do if you've been served with one—we want to hear from you. Call the North Texas Family Lawyers team today at (972) 436-8000, or schedule a consultation online, and let us help you navigate this important life transition.