How To File For Divorce In Dallas County, TX

Divorce is an emotional and challenging experience that affects the entire family, especially children. We understand how overwhelming it can feel, and we're here to help guide you through the divorce process in Dallas County, Texas. Knowing the steps and requirements can make this difficult time a bit easier, allowing you to focus on what matters most—your personal well-being, the well-being of your children, and the life that comes after divorce. Let’s walk through everything you need to know before you initiate a divorce in Dallas County.

Understanding Eligibility Requirements for a Dallas Divorce

Before you file the initial pleadings in the divorce process, it's important to ensure that you and your spouse meet the necessary residency requirements. These requirements and the rules associated with them are in place to ensure that the local courts have jurisdiction over your case. If you do not meet the residency requirements of Dallas County, all orders issued by a Dallas Family Court will be void. The basic residency requirements are as follows:

• Confirm Dallas County Residency

At least one of you must have lived in Dallas County for a minimum of 90 days before filing.

• Confirm Texas Residency

You or your spouse must have resided in Texas for at least six months.

Meeting both the Dallas County residency and the Texas residency requirements is crucial. If you don't meet these requirements yet, you may need to wait until you do or consider filing in a different county where the requirements are already satisfied. This is not just a local Dallas requirement but a Texas requirement found in Texas Family Code Section 6.301. Making sure these two conditions are met will ensure that your case will be reviewed and processed by the local Dallas court.

Filing for Divorce in Dallas County

If you and your spouse are on the same page about ending your marriage and agree on all the terms, you can file for an uncontested divorce. This process is simpler and less stressful than a contested divorce. Here’s a friendly step-by-step guide to help you through:

• Prepare the Required Forms:

Gather all necessary forms to file your petition for divorce. A petition for divorce is the first document filed in a request for a divorce. You can find these forms on the Dallas County District Clerk’s Forms website. This might feel like a daunting task, but remember, this is the beginning of your case and sets the tone for things to come. Take your time, and if you need help, our Dallas Divorce Lawyers can assist you in preparing and filing for divorce. Download a Sample Uncontested Dallas Divorce form.

• Submit the Forms:

Once your forms are completed, you need to take them to the divorce court to be officially filed. This step can feel significant because it makes the process real. It’s a brave step towards your new beginning. You should pay special attention to the Dallas Family Court Standing Orders to ensure your forms and request comply with local law

• Pay the Filing Fee:

There's a filing fee, typically around $300, which you'll need to pay. Make sure to keep your receipt and copies of all filed documents. This can seem like a financial burden, but it’s a necessary part of the process. It is possible you may be able to file an Affidavit of Inability to Pay Costs if you cannot afford the filing fee.

• Serve Your Spouse:

You’ll need to provide a copy of the filed petition for divorce to your spouse so they are put on notice of your divorce request. This is important to ensure that your spouse is formally informed and can respond appropriately. You may also be able to have you spouse sign a Waiver of Service to avoid personal service of the filed petition for divorce.

• Obtain Spouse’s Response:
  

If it’s not agreed upon, you will need to serve your spouse or have them acknowledge receipt of the divorce petition by accepting and filing a Notice & Waiver of Service. Divorce can be emotionally challenging, and notifying your spouse is a big step, but it’s a vital part of maintaining transparency and fairness in the process.

• Waiting Period:
  

Texas law requires a 60-day waiting period after filing before a hearing date can be set. This waiting period is designed to ensure that both parties have time to consider their decision. Use this time to reflect, plan for the future, and ensure you’re making the best decisions for yourself and your family.

• Attend the Hearing:
  

Once the waiting period is over, you'll attend a prove-up hearing with your final paperwork. This final paperwork is called the "divorce decree." The judge will approve your divorce decree after confirming with you that it is a true and accurate copy of your agreement with your spouse. While nerve-wracking, this is the final legal hurdle before your new life begins..

• Finalize the Divorce:
  

After the judge signs the Decree, you must file it with the court clerk to make your divorce official. This final step solidifies the end of one chapter and the start of another. It’s a moment of closure and new beginnings. Bring Sample Prove Up Questions with you to the prove-up hearing as they will help you remember what to say to the judge when finalizing your divorce decree. You may also be able to sign a Prove-Up Affidavit to avoid appearing in person before the judge.

Required Divorce Forms in Dallas County

The forms you need will depend on your specific situation, such as whether you have children or if the divorce is contested. Here are some of the essential forms you may need:

• Original Petition for Divorce

This is the initial document filed by the person seeking the divorce (the petitioner). It outlines basic information about the marriage, such as the names and addresses of both spouses, the date of the marriage, and the grounds for divorce. It may also include requests for temporary orders regarding children, property, and spousal support. You can file either a Contested Dallas Divorce Petition Form or an Uncontested Dallas Divorce Petition Form.

• Civil Case Information Sheet

A Dallas County Civil Case Sheet provides the court with essential information about the case, including the type of case being filed (divorce, in this instance) and the parties involved. It helps the court in managing and processing the case.

• Answer or Waiver of Service

The respondent (the other spouse) must file an answer to the petition for divorce, acknowledging receipt of the divorce papers and stating their position on the divorce. Alternatively, they may file a Waiver of Service, which means they are voluntarily giving up their right to be formally served with the divorce papers. This can simplify the process if both parties agree on the terms of the divorce.

• Information on Suit Affecting Family Relationship

This form is required if the divorce involves minor children. It provides the court with information about the children, such as their names, dates of birth, and current living arrangements. It is crucial for any orders related to child custody, visitation, and support.

• Standard or Modified Possession Order (if applicable)

If the divorce involves children, this form outlines the custody and visitation schedule. The Standard Possession Order (SPO) provides a default schedule for visitation, while a Modified Possession Order can be used if the parents agree on a different arrangement or if the standard schedule is not in the best interest of the children.

• Final Divorce Decree

The divorce decree is the final document issued by the court that legally ends the marriage. It includes the terms of the divorce, such as the division of property, child custody and support arrangements, and any spousal support. This document must be approved by the judge to finalize the divorce.

Where to File for Divorce in Dallas County

Not all courts in Dallas County handle divorce cases, so it’s important to file in the right place. For most divorce cases, you’ll go to the George L. Allen, Sr. Courts Building and locate the Dallas County District Clerk's Office. Filing in the correct court ensures that your case is processed without unnecessary delays.