FAQs about Divorce in TX

Upon making the decision to file for divorce in Texas, you may be faced with a number of questions regarding how this process is going to play out. We’ve compiled a list of some of the most commonly asked questions in regard to a Texas no fault divorce.


How to file for divorce in Texas?

There will be forms that need to be filled out and submitted in order to start the process of filing for divorce in Texas. The forms you fill out depend on whether or not there are children involved, if there is property, whether or not this is an uncontested divorce and whether you’re the petitioner or respondent. Once your forms have been completed, they will need to be filed with the court clerk in the county where you are a resident.  Here, we are in Tarrant County. 


How long does a divorce take in Texas?

It generally takes around six to twelve months for a divorce to be finalized in the state of Texas. This period of time can be extended if there is conflict to address such as child custody or the separation of assets.


Is Texas a no-fault divorce state?

Texas is considered a no-fault divorce state. This means that you can file for divorce without needing to prove that the other spouse involved has done anything wrong.


Does a divorce petition expire in Texas?

From a legal perspective, a divorce petition doesn’t expire in the state of Texas. However, if there is no action over a certain period of time, a judge has the ability to process it as a dismissal for want of prosecution. This technically means the petition in place has expired, and a new petition would have to be activated to start over.


Are divorce records public in Texas?

Divorce records are considered public in the state of Texas.


Do you have to be separated before divorce in Texas?

A divorce can be filed in Texas without marriage separation as long as one spouse has been living in the state for six months.


How long after a divorce can you remarry in Texas?

You must wait 30 days after the finalization of a divorce before getting remarried in the state of Texas.


What is the current divorce rate in Texas?

The current divorce rate in Texas for 2023 is 10.50 percent.


How to fill out a final decree of divorce in Texas?

Both parties involved must sign the final decree of divorce in the state of Texas. This will then be submitted to the judge for final approval. It is the defendant that files the final decree and pays for the filing.


What court handles divorce?

Matters relating to family law (including divorce) are usually heard in district courts. Some will be heard in county courts, with divorces being filed at the District Clerk’s office.


Can you get divorced without going to court?

If you want to avoid going to court, the divorce must be uncontested and amicable. Both parties must be represented by attorneys.


Do I need to keep my marriage certificate after divorce?

While you may no longer be divorced, there may come a time where you need to prove that you were indeed married during a certain time period. It’s a good idea to keep a copy on hand, in addition to the certificate being on file at the county clerk’s office.


Do I need a lawyer for an uncontested divorce?

A lawyer isn’t a necessity to obtain a divorce, but this is only really possible if you’re in a situation where both you and your spouse agree on everything, there is no property to discuss, and you have no children.


If you have any other questions or would like to learn more about the process of how to file for divorce in the state of Texas, please reach out the Nilsson Legal Group

Call Today to Schedule a Consultation: 817-953-6688