If I wanted to get a divorce from my wife of 3 years, what steps would I need to take?

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If I wanted to get a divorce from my wife of 3 years, what steps would I need to take?

Asked on March 1, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Every divorce in Texas begins with an Original Petition for Divorce.  It is a document which tells the court that the marriage no longer works, and advises the court of any child or property issues.  Once you prepare a petition, you must take it to the district clerk in the county where you have resided for the last 90 days and pay a filing fee.  Filing fees usually run around $300.00, but an additional $45 or so dollars for having your wife served.  Once the petition is filed, you must wait a couple of months before finalizing the divorce.  However, during this waiting period, many couples try to work out the details that need to be contained in a final decree of divorce.  Items would include a custody arrangement, a division of debts, and a division of property.  Once the waiting period has passed, you can appear before the court and do what is called a "prove up", which is a short hearing in front of the judge where you ask him to approve and sign the final decree of divorce.  After this judgment is signed, then you will officially be divorced from your wife.


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