A. Requirements for filing for Divorce in Texas

Grounds - In order to file suit for divorce in Texas, you must prove that you have met the
necessary "grounds" for divorce. Those grounds include:

1. One of the spouses must be a resident of Texas for six months and ninety
   (90) days in the County in which you file for the divorce;
2. the marriage is insupportable because of discord and conflict between the
   spouses; and
3. there is no chance for reconciliation.

B. The Petition:

In deciding how to file you suit for divorce, you have the following options:

1. Filing the Petition - involves filing the Petition with the District Clerk’s Office
   and not proceeding any further;
2. Filing and mailing - filing the Petition and having your attorney mail a copy of
   the Petition with a Waiver of Citation to your spouse;
3. Filing and serving - filing the Petition and having the Petition served by a
   process server upon your spouse (this gives your spouse proper notice that a
   divorce has been filed); or
4. Temporary Restraining Order - have the judge sign a temporary restraining
   order stopping your spouse from doing something that may be detrimental to you,
   your children, or your property (this order must be served on your spouse in order
   to be effective).

C. Temporary Orders Hearing

If you and your spouse cannot agree as to how your property will be temporarily divided,
your debts temporarily paid, and if you have children, how your children will be
temporarily cared for, then you will need to have a hearing on temporary orders.
Temporary Orders allows the court the opportunity to make orders that the two of you
will have to follow during the time between the filing of your divorce Petition and the
entry of the Final Decree of Divorce in your case. Some of the issues to be determined
at a temporary Orders Hearing include:

1. Temporary use of property;
2. Temporary support and alimony;
3. Temporary payment of debts;
4. Temporary possession of children;
5. Temporary visitation schedule; and
6. Award of interim attorney's fees.

D. Discovery

It is normal during a divorce for each spouse to ask the other spouse to answer certain
questions, produce documents, and possibly, to offer testimony regarding the issues in
the case. Discovery is used to prepare a case for trial. Discovery can include:

1. Interrogatories - which are a series of questions to be answered under oath
   within thirty (30) days and sent back to the party who asked the questions;
2. Request for Production - this is a document that requires you to produce
   certain documents and items within thirty (30) days;
3. Request for Disclosure - this is a document that requires you to explain
   what the issues are in your case, who are the people who know about these
   issues, and what experts you intend to call if the case goes to trial; and
4. Depositions - which is a process whereby the sworn testimony of a person is
   taken prior to trial.

E. Divorce Decree

The Divorce Decree is the final order signed by the Judge in a case. The Divorce
Decree should do the following: divide all of the property and debts; determine who will
have custody of the children; determine who will pay child support and what the
visitation rights are for each parent; make provisions for taxes; and make other rulings
that resolve all of the issues in the case.