How do I get started on a divorce

UPDATED: Sep 30, 2022

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How do I get started on a divorce

I got married in North Carolina, I live in texas now and my husband still resides in North Carolina. I’m not sure how to go about this

Asked on February 22, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Every divorce action begins with the filing of a divorce petition.  This is basically a list of what you are asking the court to do:  grant a divorce, change your name, divide property, set up child support, etc.  If the divorce is agreed to, then the next and final step is to prepare and enter a final decree.  You will need to appear before the judge at a 'prove-up' docket.  This is where you put on about five minutes of testimony setting out that you are requesting the divorce, that the marriage is over, and that you would like the judge to sign the decree.  If your husband signs off on the decree ahead of time, he does not need to be present.
This is a really basic thumbnail sketch... to have a better idea of what forms you will need, call your local district clerk and see if they offer an online form bank that you can tap into.  Larger counties, like Dallas County, have a series of forms online that you can access and fill in the blanks.  (you can use most of the Dallas forms in any county)
The forms now available have been very helpful for people to get inexpensive divorces.  However, I suggest that you at least arrange a consultation with an attorney and have them look over your paperwork before you file it.  They can make sure that you are presenting the paperwork you need to insure the correct things happen in your divorce.  Some will charge you a small consultation fee, but it's still much cheaper than full representation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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