Filing For Divorce In Harris County, Texas: A Step-By-Step Guide

In this article, you can discover…

• The paperwork you’ll need to begin the divorce process in Texas.
• How long the “waiting period” is, and how it can impact your divorce.
• How to respond if you’ve been served with divorce papers, and how an attorney can help.

What Is The First Thing I Need To Do When Filing For Divorce In Texas?

The first step to take as you decide to file for divorce in Texas is to consult with an attorney. Online resources can provide general information, but as fine as that may be, it is limited. Speaking with a legal professional ensures you receive personalized guidance tailored to your unique situation.

An attorney can help clarify the divorce process, set realistic expectations, and outline a strategy to achieve your goals. Without proper legal advice, you will likely encounter unexpected pitfalls and complications. Even if you believe you understand the process, a consultation provides reassurance and ensures your approach indeed aligns with Texas divorce laws.

What Paperwork Do I Need To Fill Out To File For Divorce?

To file for divorce, you’ll need to provide detailed biographical and financial information. Key documents and pieces of information include:

• Biographical Details: Provide your and your spouse’s full names, addresses, social security numbers (last three digits), and driver’s license numbers (last three digits). This helps identify the parties involved.
• Children’s Information: If children are involved, the court will need to know their names, addresses, and social security numbers.
• Address For Service: Your spouse’s address is key for serving the divorce citation and notifying them of the suit. The process will cease without it.
• Financial Records: Gather bank statements, retirement accounts, and insurance details.
• Property Documentation: Provide deeds, car titles, and proof of ownership for valuable assets.
• Inheritance And Dowries: If applicable, prepare documents proving inheritance or dowry entitlements, particularly for any cultural practices you may observe that require such.

This preparation ensures a smoother filing process and helps address any unique cultural or financial aspects of your divorce.

Rachael Aminu of Aminu Law Firm, PLLC in Texas is a dedicated family law attorney with a proven history of guiding clients through the complexities of divorce. With extensive knowledge of Texas divorce laws and hands-on experience managing cases in Harris County and beyond, Rachael provides strategic, compassionate support tailored to each client’s unique needs.

Whether addressing contested issues or navigating an uncontested divorce, she stands ready to help you make informed decisions and achieve favorable outcomes. Take the first step toward clarity and stability by contacting Aminu Law Firm, PLLC today.

Get your questions answered - Request a phone consultation now! Call (832) 937-4039

How Long From The Point Of Filing Are Divorce Papers Served?

Once a divorce petition is filed, you can request a citation from the court as early as the next day by submitting a civil process request form for service of process. Once the court issues the citation, you can proceed to serve the other party.

In Harris County, where courts manage a heavy caseload, it’s important to act promptly. If you file your divorce petition but fail to request a citation within six months, the case may be automatically dismissed, requiring you to start over.

To avoid delays, consider requesting the citation immediately after your case number is issued. After being served, the opposing party typically has 20 days to respond to the divorce petition.

What Is The “Waiting Period” In A Texas Divorce?

The waiting period (also called the cooling period) is 60 days. It requires a minimum of 60 days before the court can finalize the divorce, providing you and your spouse time to reflect on the decision to move forward with the divorce process.

This timeline will affect the speed by which your divorce case will unfold if it is uncontested. In this instance, I used it as an opportunity to prepare all the necessary paperwork. A conclusion typically comes within three months. For contested divorces, the process may extend to six months or longer, making the cooling period far less impactful on the overall timeline.

What Is The Difference Between Contested Divorce And Uncontested Divorce?

A contested divorce involves disagreements between the parties involved, requiring court intervention to resolve issues such as property division or child custody. In contrast, an uncontested divorce means both parties agree on all terms, such as asset division and parenting arrangements, or there are no issues to resolve, allowing for a smoother and faster process. Sometimes there are no issues because there is no joint property or there are no children involved, allowing parties to move on uncontested.

What Are Common Issues That Lead To A Contested Divorce?

Common issues that lead to a contested divorce include things like disputes over property division, such as splitting the marital home, child custody arrangements, child support amounts, and visitation schedules. In some cases, issues include addressing family or domestic violence through protective orders or restraining measures to ensure safety during the process.

How Should I Respond After I’ve Been Served With Divorce Papers?

After being served with divorce papers, file a general denial to deny all allegations. Then, consult an attorney to guide you through the next steps, including filing a counter-petition to present your requests and needs to the court. Doing so ensures you’re not only defending but also advocating for your own interests effectively.

Rachael Aminu of Aminu Law Firm, PLLC in Texas is a dedicated family law attorney with a proven history of guiding clients through the complexities of divorce. With extensive knowledge of Texas divorce laws and hands-on experience managing cases in Harris County and beyond, Rachael provides strategic, compassionate support tailored to each client’s unique needs.

Whether addressing contested issues or navigating an uncontested divorce, she stands ready to help you make informed decisions and achieve favorable outcomes. Take the first step toward clarity and stability by contacting Aminu Law Firm, PLLC today.

Get your questions answered - Request a phone consultation now! Call (832) 937-4039

If I Have Children, How Can I Protect Them During The Divorce Process?

Children are very much involved in the divorce process, be it emotionally or psychologically, because they find themselves between two parents who are clashing. Protecting them during this process requires a thoughtful and intentional approach.

I recommend talking to your children about the situation in simple terms. Avoid providing unnecessary details or making disparaging remarks about the other parent. This helps them understand what’s happening without feeling torn between loyalties.

In Harris County, you must specifically request standing orders to guide behavior during the divorce process. These orders may include provisions like not withdrawing children from school, avoiding disparaging comments about the other parent, and refraining from illegal substance use while caring for the child. Surrounding counties, like Montgomery or Fort Bend, typically have these standing orders automatically in place.

Courts use the best interest of the child standard when making decisions. It can be extremely difficult, but do your best to be objective, prioritizing what benefits your children rather than focusing solely on your own preferences. For example, reasonable discipline, such as spanking, is permitted under Texas law, but any violent behavior could lead to supervised visitation.

Also, consider referring to your children as our children instead of my children to reinforce the shared responsibility between both parents. Not being inclusive of your spouse, even if justifiable to a degree, can be received negatively by the courts.

What Role Do Emotions Typically Play In Divorce, And How Do You Manage Your Clients’ Emotions Throughout?

Emotions play a significant role in the divorce filing process, so much so that they can significantly contribute to shaping how you approach decision-making and the challenges you face. As an attorney, helping you manage those emotions is essential to providing the effective legal counsel I set out to provide.

I strive to make my office feel like a safe, comfortable environment where you can openly share your concerns. I always start by asking, What’s going on in your marriage? This allows me to understand your emotional state and the underlying reasons for seeking a divorce.

In some cases, I can help you evaluate whether you’re truly ready for divorce. If you express uncertainty or talk about feeling disconnected without deeper issues, I may discuss the possibility of reconciliation. Divorce is a major decision with substantial legal consequences, and I want to ensure you are prepared.

Once you decide to move forward, I provide clarity about the process. We’ll discuss your goals—such as custody arrangements, financial settlements, or spousal support—and map out what’s realistic under Texas law. I explain the best-case scenario, what you’re legally entitled to, and the potential outcomes, ensuring your expectations are balanced.

A strategy I often use is asking, If you had a magic wand, what would you ask the judge for? This can help you articulate your priorities, which we can then align with legal strategies to work toward a favorable outcome.

Part of my role is to provide calm, clear guidance that answers your questions and alleviates your anxieties. Emotions are, of course, natural and valid, and I’ll help you work through those emotions while remaining focused on your goals and the path ahead.

Still Have Questions? Ready To Get Started?

For more information on Filing For Divorce In Harris County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 937-4039 today.