Filing for divorce is an emotional decision, but getting started legally is more straightforward than many expect. In Texas, the process begins by submitting the correct forms to the appropriate court. At The Law Office of David J. Rodriguez, PLLC, we help clients navigate the paperwork with confidence. Here’s what you’ll need to get started.
Original Petition for Divorce
The divorce process officially begins when one spouse files an Original Petition for Divorce with the court. This legal document asks the court to end the marriage and outlines the basic terms of what the filing spouse is requesting.
While it’s possible to file without an attorney, doing so can be risky, especially in contested divorces. We strongly recommend having a lawyer draft your petition to ensure accuracy and completeness.
Your petition should include:
- Names and addresses of both spouses
- Dates of marriage and separation
- Details about children, including full names, birthdates, and birthplaces
- Confirmation that you meet Texas residency requirements
- Grounds for divorce (reason for filing)
- Request for conservatorship (custody) and visitation plans
- Child support request, if applicable
- Request for a protective order, if needed
- List of separate (non-marital) property
- Health and dental insurance coverage for children
- A request for a final judgment dissolving the marriage
Filing the wrong form—or filing in the wrong court—can delay your case. Our firm can ensure everything is done right the first time.
Civil Case Information Sheet (No Longer Required)
Previously, Texas required a Civil Case Information Sheet with every filing. However, this requirement has been eliminated, as court systems now collect that data electronically.
Out-of-State Party Declaration
If your divorce involves a custody dispute and one party resides outside of Texas, you must include an Out-of-State Party Declaration. This form lists where the children have lived over the past five years and identifies all individuals they’ve lived with. This helps the court establish jurisdiction, in accordance with Texas Family Code § 152.209.
Fee Waiver (If Needed)
There is a filing fee associated with submitting divorce papers. However, if you’re unable to pay, you can request a fee waiver. Most clerk offices provide the necessary form on-site.
Don’t Forget to Make Copies
Always bring multiple copies of your documents. You’ll need one for your own records and another to serve on your spouse. Making copies in advance can save time and hassle at the courthouse.
Need Help Getting Started?
The paperwork is just the beginning. You also need to consider what to request in your divorce: custody, support, property division, and more. At The Law Office of David J. Rodriguez, PLLC, we’ve helped countless clients file correctly and prepare for every legal step ahead. Call today to schedule a consultation and begin planning your future.
