Initiating the Divorce Proceeding
A divorce proceeding is initiated by either or both spouses filing a petition with the court. This may be a short document or a lengthy document depending upon the individual circumstances and the relief requested. The case will then be assigned to a specific judge who will preside over the proceeding until concluded.
Before filing for divorce, at least one of the parties must be a Texas resident for at least six (6) months and a resident of the county where he or she files for divorce for at least the preceding ninety (90) days. A divorce cannot be granted until at least sixty (60) days after the divorce petition is filed. Neither the court, nor the lawyers, can shorten these time periods except in the event the responding party has been convicted of a crime, received deferred adjudication, or is under an emergency protective order due to a finding of family violence. In these instances, the court may grant the divorce before the sixty (60) day period runs.
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