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Under Texas law, at least one party to the divorce must have resided in Texas for at least six months prior to the filing of the divorce. In addition, either you or your spouse must have lived in the county where you file for 90 days prior to the date of filing. Also, a divorce in Texas cannot be finalized if the wife is pregnant. If your wife is pregnant, be sure to keep this in mind. In Texas, you can file for divorce with or without assigning fault to one party or the other. The only grounds for a no-fault divorce in Texas are "insupportability," which means that for whatever reason, the marriage is no longer viable. If you wish to file for some other reason, such as adultery, criminality, or abandonment (among others), you need to speak with an attorney. Furthermore, if you and your spouse cannot come to an agreement with respect to the division of property and child custody and support, you need to speak with an attorney. Texas is a community property state, which means that it views the property of either spouse acquired during the marriage as the property of both spouses, and the default division of that property is an even split. However, if the court finds that one spouse is at fault for the dissolution of the marriage, then it can and will assign more property to the innocent spouse. For this reason, if you plan to sue for divorce on specific grounds, you need to speak with an attorney. If you cannot afford one, go to texaslawhelp.org for help finding a Legal Aid attorney. In Texas, state District Courts have jurisdiction over divorces. District Courts are courts of general jurisdiction. That means that they have jurisdiction over all legal matters unless specifically designated otherwise.  In very small counties, or judicial districts that preside over multiple small counties, there may only be one District Court. If you live in a county like this, you would file there. In districts of larger size, the District Courts are divided into subdivisions that give preference to certain areas, like family law. These are called Family District Courts. If you live in one of these Districts, then you should file with the Family District Court. To find out whether you should file with a District Court or a Family District Court, simply go look in the directory in the Texas Pro Se Divorce Handbook. Alternatively, go to courts.texaslawhelp.org and fill in the required information. The forms you use will depend on whether you and your spouse have children together and if you own real property (land, houses, or other structures). The Supreme Court of Texas has approved a set of forms for filers with children, without children, and without children or property. Once you find the right category for you and your spouse, simply click on the link provided. Almost all of the forms you will need are in the packet.
Determine if you qualify to file for divorce in Texas. Determine the grounds upon which you will divorce. Determine where to file the divorce. Obtain the proper forms.