How to File for Divorce in Travis County

How to File for Divorce in Travis County

Divorce can be a challenging and emotional process, but understanding the steps involved can make it more manageable. If you are considering filing for divorce in Travis County, Texas, this article will guide you through the process. From gathering necessary documents to attending court hearings, we will cover everything you need to know to initiate your divorce proceedings smoothly. Additionally, we have included a FAQs section at the end to address common queries related to divorce in Travis County.

Step 1: Residency Requirements
Before filing for divorce in Travis County, you must meet the residency requirements. Either you or your spouse must have been a resident of Travis County for at least 90 days and a resident of Texas for at least six months.

Step 2: Gather Important Documents
To initiate your divorce, you will need to gather essential documents, such as marriage certificates, birth certificates of children, financial records, and any prenuptial or postnuptial agreements. These documents will be crucial when determining property division, child custody, and support.

Step 3: Petition for Divorce
The next step is to file a Petition for Divorce with the district clerk’s office in Travis County. The petition should include information about both spouses, grounds for divorce, and details regarding children, assets, and debts. It is advisable to consult an attorney at this stage to ensure your petition is accurate and complete.

Step 4: Serve the Petition
After filing the petition, you must serve your spouse with a copy of the filed documents. This can be done through a process server or by certified mail. The court requires proof of service, so make sure to keep a record of how the documents were served.

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Step 5: Waiting Period
Texas has a mandatory waiting period of 60 days from the date the petition is filed before a divorce can be finalized. During this time, negotiations regarding child custody, support, and property division can take place.

Step 6: Mediation or Trial
If you and your spouse are unable to reach an agreement on the terms of your divorce, mediation may be required. Mediation is a process where a neutral third party helps facilitate negotiations between you and your spouse. If mediation fails, the case may proceed to trial, where a judge will make decisions on contested issues.

Step 7: Finalize the Divorce
Once an agreement is reached, or the court has made decisions on contested issues, you can finalize your divorce. Prepare a Final Decree of Divorce, which outlines the terms agreed upon or ordered by the court. Once signed by both parties and the judge, this document legally ends the marriage.


Q: How long does it take to get a divorce in Travis County?
A: The time it takes to finalize a divorce in Travis County varies depending on the complexity of the case and the willingness of both parties to reach an agreement. On average, it can take anywhere from a few months to a year.

Q: Can I file for divorce without an attorney?
A: Yes, you can file for divorce without an attorney. However, it is recommended to consult with an attorney, especially if you have complex financial or child custody issues.

Q: How much does it cost to file for divorce in Travis County?
A: The filing fee for a divorce in Travis County is typically around $300. However, additional fees may apply if you need to serve the divorce papers or if your case requires mediation or a trial.

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Q: What are the grounds for divorce in Travis County?
A: Texas is a no-fault divorce state, meaning you can file for divorce without proving fault. You can cite “insupportability” as the grounds for divorce, which simply means that the marriage has become insupportable due to discord or conflict.

Q: Will I be entitled to alimony in Travis County?
A: In Texas, alimony, also known as spousal maintenance, is not automatically granted. It is only awarded if certain conditions are met, such as the marriage lasting for at least ten years or if the spouse seeking support lacks sufficient property to provide for their reasonable needs.

Navigating the divorce process can be overwhelming, but with the right guidance, you can make it through smoothly. By following the steps outlined above and seeking professional advice when needed, you can initiate your divorce proceedings in Travis County with confidence. Remember, each divorce case is unique, so it’s essential to consult an attorney for personalized guidance based on your specific circumstances.