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Petition for Divorce in Texas

Divorce is undoubtedly one of the most challenging and emotionally charged experiences a person can go through. If you are filing for divorce, there will be a lot of hard decisions and potentially contentious disputes ahead. To ensure you are prepared for any challenge thrown your way, retain representation from a Fort Bend County attorney.

At The Law Office of Kara K. Egwuatu, PLLC, we offer client-focused representation that prioritizes your best interests. We take the time to get to know our clients so we can tailor our services to meet their unique needs. When you work with Attorney Kara Egwuatu, you can achieve peace of mind knowing that your future is in good hands.

To request a FREE initial consultation, please call (281) 606-5188 or contact us online today.

Personalized Service for Every Type of Divorce

No two couples are the same – which means no two cases of divorce are the same. At The Law Office of Kara K. Egwuatu, PLLC, we provide personalized service for every client we work with.

We can assist you with:

  • Contested divorce: In a contested divorce, the separating couple is unable to agree on most matters in the divorce. In many contested divorce cases, courts must get involved to issue orders on the parties’ behalf.
  • Uncontested divorce: Uncontested divorces are generally easier and more straightforward because the two partners are willing to work together to come to agreements regarding the divorce.
  • High net worth divorce: High net worth couples often have more complex issues to work through during a divorce, given the high value of their assets. The Law Office of Kara K. Egwuatu, PLLC can help high net worth individuals protect their own assets and obtain their fair share of the marital property.
  • Military divorce: Military service members often face unique challenges when navigating a divorce. Attorney Kara Egwuatu understands the specific laws governing military divorces and can help you through this complex process.
  • Collaborative divorce: Collaborative divorce is a more affordable and simpler alternative to going to court. Quite often, the agreements made in a collaborative divorce are easier to adhere to.
  • Divorce mediation: Mediation is a form of alternative dispute resolution wherein a neutral third party can help both sides work out a fair solution to the many issues in a divorce.

Grounds for Divorce in Texas

Texas has various grounds that a couple can use to file for divorce. The following includes both no-fault and fault grounds:

  • Insupportability – This is when the marriage can’t be supported anymore due to a conflict in personality and no hope of resolution. Essentially, it is a no-fault grounds for divorce.
  • Separation – If a couple lives in separate households for three or more years, then they can use this as a grounds to file for divorce.
  • Mental instability – If one spouse has a mental disorder that requires being in a mental hospital for three or more years and there is no hope of recovery, then the other spouse can use this as a grounds for divorce.
  • Cruelty – Just as it sounds, if one spouse is cruel to the other, then this is a reason for divorce.
  • Abandonment – If one spouse leaves for one year or more in order to abandon the other spouse, then this is a reason for divorce in Texas.
  • Felony – This can be used for divorce when one spouse is convicted of a felony and imprisoned for one year or more.
  • Adultery – This can also be used as a reason for divorce, however the spouse that is not at fault must be able to prove that the other spouse is at fault for adultery.

Residency Requirements for Divorce in Texas

Like most other states, Texas has a residency requirement a couple must meet before filing for divorce in the state. There are two parts:

  • At least one of the spouses must be a Texas resident for 6 months or more before the couple can file for divorce
  • The resident spouse must also be a resident for at least 90 days in the county where the couple is going to file for divorce

Furthermore, there is a 60-day waiting period before the judge can finalize the divorce.

Contact The Law Office of Kara K. Egwuatu, PLLC Today

Our firm is waiting to hear from you. Seek representation from an experienced attorney who will always have your best interests in mind. We are here to advocate with you and to defend your rights.

To learn more about how we can assist you with your divorce, call our Fort Bend County lawyer at (281) 606-5188 or contact us online to schedule a FREE consultation.


Answers To Your Most Commonly Asked Questions

The right place where you cand find the answers to your questions regarding family law

Both parties must be at least 18 years old to obtain a marriage license. If either party is under 18 years of age, parental consent or a Court order is required.

It depends. You cannot marry:

  • someone who is an ancestor (mother, father, grandmother, grandfather, etc.) or descendant (son, daughter, grandson, granddaughter, etc.);
  • your brother or sister;
  • your parent’s brother or sister (aunt or uncle);
  • your niece or nephew

No, not yet.

A “licensed marriage” or “ceremonial marriage” requires a license and is performed by an authorized official (minister, priest, rabbi, judge, etc).

An informal marriage (sometimes called a common-law marriage) can be created when a man and woman sign and register an official document of marriage at the county clerk’s office. A man and woman may also enter into an informal marriage if they agree to be married, live together in Texas as husband and wife, and represent to others that they are married.

No. If the parties to a non-registered informal marriage separate and live apart for two (2) years or more, the parties may or may not need a divorce depending on the circumstances. Parties to a registered informal marriage must be divorced in the same manner as parties who were married in a ceremony with a marriage license.

Yes. An “annulment” is a proceeding to have a marriage declared void as if it never took place. A “divorce” is the proceeding to end a valid marriage. There are many similarities, however, in the manner that the property division and children’s issues are handled.

An annulment may be granted if at the time of the marriage one party to the marriage was:

  • underage,
  • under the influence of alcohol or drugs,
  • impotent,
  • mentally incompetent,
  • forced to marry, or
  • was misled about prior divorce. In most cases, the law requires that the person seeking the annulment must cease living together with the other party once the problem is discovered.
  • previously married,
  • married to a relative as designated by Texas law.

No. In Texas, a divorce may be granted without either party being at fault. A divorce may also be granted when one party is found to be at fault in the break-up of the marriage.

Before filing, one of the spouses must live in Texas for at least (6) months and in the county where the divorce is filed for at least ninety (90) days.

Yes. Time spent by a Texas resident outside of Texas, while in the military, satisfies the residency requirement in Texas for a divorce.

Attorneys who meet certain qualifications required by The State Bar of Texas may become board certified in family law. The status of “Board Certified” creates a specialty status for the attorney.

Yes, depending upon their knowledge, experience, qualification, and the complexity of the case.

A petition for divorce must be filed in the district clerk’s office and the required fees paid.

If there are children born, adopted, or expected during the marriage, the suit for divorce must also address matters of custody, visitation, and child support. If a wife has given birth to a child or is expecting a child since the time she married, but the child is not or may not be the biological child of her husband, other circumstances arise which require a different application of Texas law.

The party who files divorce first is called the “Petitioner” and the other party is called the “Respondent.”


  • By receiving a copy of the petition from a sheriff, constable, or Court approved private process server; or
  • If the parties agree, the non-filing spouse may, after the petition is filed, sign a document called a “waiver”; or
  • If your spouse cannot be located, a notice may be served by publication.

Once a Respondent is officially notified, there is a deadline to file a response to the petition. If the deadline is not met, the Petitioner can go forward and obtain a divorce by “default.”

A Temporary Restraining Order sets forth the acts which either or both parties are prohibited from doing immediately after the petition is filed such as spending money unnecessarily, incurring unnecessary debt, or harassing the other party.

Yes, if the Court approves the request for a TRO, however; a hearing must be scheduled within fourteen days which requires appearance.

A person who violates a TRO, or any other Court order, can be held in contempt of Court and punished by a fine and/or jail sentence.

Yes. The respondent can file his or her own request for divorce in a document usually referred to as a counter-petition for divorce.

You can dismiss your divorce proceeding.

A petition for divorce must be filed with the Court for at least sixty (60) days before the Court can grant the divorce.

If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty-day waiting period is over. If the parties are not in agreement, the time it takes will depend on the Court’s schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases including temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take at least several months.

You are divorced when all the property and child related issues are resolved and the judge signs an order, usually called a Decree of Divorce.

In most cases, you must wait thirty (30) days, but the Court can grant a waiver to permit you to marry sooner.

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