Steps to Filing for Divorce in Harris County, Texas
For over 25 years, I worked as a debtor’s attorney, filing over 4,000 Chapter 7 and Chapter 13 bankruptcy cases. Today, I focus solely on creditor representation, helping creditors recover what they are owed from Texas debtors. However, my experience in navigating legal processes extends to family law, including assisting clients with divorce proceedings. Below is a detailed guide on filing for divorce in Harris County, Texas, with a focus on the procedural steps and necessary documentation.
Filing Requirements
To file for divorce in Harris County, Texas, you must submit the following:
- Petition for Divorce: The initiating document that begins the divorce process.
- Bureau of Vital Statistics Form: Required for official record-keeping.
- Civil Case Information Sheet: Provides the court with essential case details.
- Harris County Civil Process Request Form: For service of process on your spouse.
Filing Fees
- Filing Fee: This is mandatory and must be paid at the time of filing. Fee waivers are often denied in this region.
- Constable Fee: Approximately $65 for serving documents.
- Citation Fee: Around $8.
All fees must be paid to ensure the divorce proceeds; failure to do so could result in dismissal.
Texas Waiting Period
Texas law imposes a 60-day waiting period before a divorce can be finalized. If you serve your spouse, there is an additional 20-day window, specifically until the first Monday following 20 days after service, during which they can respond. The 60-day waiting period and the response time can run concurrently.
Required Documents for Divorce with Children
If children are involved, you will need the following:
- Wage Order
- Bureau of Vital Statistics Form
- Section 105.006 Form
- Medical Support Order
- Final Decree of Divorce
- Proposed Property Division and Inventory
- Certificate of Last Known Address
- Affidavit with proof that your spouse is not in military service
Questions for Default Divorce Proceedings
If your spouse has been personally served and does not respond, you may proceed with a default judgment. The following questions are typically asked in court:
Personal Information
- State your full name.
- Are you the petitioner in this case?
Residency and Filing Details
- Were you a resident of Harris County for at least 90 days and domiciled in Texas for the last six months?
- Did you file this petition on [date of filing]?
Service of Process
- Was the respondent personally served?
- On what date was service completed?
Marriage Details
- When were you and the respondent married?
- When did you cease living together as spouses?
Grounds for Divorce
- Has the marriage become insupportable due to discord or conflict of personalities?
- Is there any reasonable expectation of reconciliation?
Children (if applicable)
- State the names, dates of birth, and places of birth for each child.
- Are you requesting conservatorship, possession, and support as outlined in the decree?
Property Division
- Have you submitted a proposed division of assets and liabilities?
- Do you believe the division is just and right?
Name Change (if applicable)
- Are you requesting a name change?
- Is this your maiden or former name?
- Are you requesting this change to avoid creditors, prosecution, or fraud?
Conclusion
Divorce is a complex process that requires strict adherence to procedural rules and documentation requirements. By preparing thoroughly and understanding what is expected, you can navigate the process more efficiently.
