how to file for divorce lawyer as family law center in harris county texas

by Rae Witting DVM 6 min read

Bring your paperwork to a divorce court. Pay the filing fee and take the copies of the documents. Give a copy of the paperwork you filed to your spouse.

Full Answer

Where can I find a divorce lawyer in Harris County?

The Clerk will direct you to go to the first floor of the Harris County Law Library at 1019 Congress Ave, Houston, TX 77002. There are volunteer lawyers that are available from around Monday-Friday 9:00 am-12:00 pm to help you with understanding the next steps in your divorce case. Here is a picture of the Law Library Building:

How does the family law district court work in Harris County?

Each Family Law District Court in Harris County has an elected Judge who in turn appoints an Associate Judge. So in fact, there are really eighteen Judges to hear all of the family law cases in Harris County. The elected Judge can decide which cases to assign to the Associate Judge and which cases to retain.

What are the residency requirements for a divorce in Harris County?

When you are filing for divorce in Harris County or Houston, you must be a Texas resident for at least six months prior to filing and a Harris County resident for 90 days prior. It is not mandatory that both spouses be residents of Harris County, or even of Texas.

How long does it take to get a divorce in Harris County?

In Harris County, it typically takes six months to a year before a divorce is finalized. Keep in mind that the only way a divorce is finalized is when a Judge signs a Final Decree of Divorce.

How do I file for divorce in Harris County?

How to File for Divorce in Harris County?Find and fill out forms relevant to your case.Bring your paperwork to a divorce court.Pay the filing fee and take the copies of the documents.Give a copy of the paperwork you filed to your spouse.Ask that your spouse signs the Answer or Waiver and a Decree.More items...

Which court handles divorce cases Harris County?

Family CourtsThe Family Courts decide on matters and render judgments relating to families and children. Case types heard in Family Courts include divorce, child custody, child support, visitation rights, protective orders, and the emancipation of minors.

What is the average cost for a divorce attorney in Texas?

The average divorce lawyer in Texas charges between $260 and $320 per hour. Most divorce lawyers collect a large retainer at the beginning of the case, which they draw from after billing for their time. In many cases with contested issues, more than one retainer is needed.

What if I can't afford a divorce lawyer in Texas?

Legal Aid Divorce Help If you cannot handle a do-it-yourself divorce option where you file all the papers yourself, you may qualify for legal aid in your area or a volunteer lawyers program. Some Houston non-profits include: South Texas College of Law Legal Clinic – Phone: 713-646-2990.

How do I file divorce papers in Texas?

Filing and Serving Your Divorce Forms in Texas To file the paperwork, bring the original and two copies of all the forms (one for you and one for your spouse) to the clerk's office. You will have to pay a filing fee, unless you qualify for a waiver and file a completed Statement of Inability to Afford Court Costs form.

How do I file a petition in Harris County?

To e-file through the State of Texas' electronic portal EFileTexas.gov, you must first select an electronic filing service provider (EFSP). To view a list of electronic filing providers (EFSP) that have been approved by the State visit www.EFileTexas.gov.

What is a wife entitled to in a divorce in Texas?

The answer is that women's rights in a divorce in Texas are the same as men's rights. Whether it be an award of spousal support or the just division of marital assets (called community property), both parties are subject to the same rules and considerations imposed by Texas courts.

Does it matter who files for divorce first in Texas?

In Texas divorce cases, it does not matter who files first. In other words, it does not make a big difference who is the "petitioner" (i.e. the person who files first) or who is the "respondent" (i.e. the person who responds to the divorce petition).

How long do you have to be separated before you can file for divorce in Texas?

Texas does not recognize legal separation. However, separation for a period of at least three years is one of the grounds for divorce in Texas. Living separately and apart means living in different residences.

Does a husband have to support his wife during separation?

As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.

How can I get a free divorce in Texas?

Under Texas Rules of Civil Procedure Rule 145, the divorce filing fee can be waived by filing an “affidavit of Indigency.” An “Affidavit of Indigency” basically asks a court to waive the filing fees because the filing party cannot afford them.

How much does it cost to file divorce papers in Texas?

between $250 to $300When you file for divorce in Texas, you will be required to pay a filing fee of between $250 to $300. If you cannot afford to pay the filing fee, you can complete an Affidavit of Inability of Pay.

You will need

Get a properly filled out, 2019 Harris County Petition for Divorce, by using this tool on our website for creating a Harris County divorce petition.

45Contacting the Law Library

When going through this process, I know you will likely want to talk to someone on the telephone. Harris County does not enable much access to divorce help on the telephone. The District Clerk’s line (713) 755-7300 will just lead you to an automated phone message that you need to go to the library in person to get help.

Harris County Divorce Laws Explained

To be eligible to file for divorce in Harris County, you or your spouse need to fulfill the following residency requirements:

How To File for Divorce in Harris County

Starting your divorce proceedings in Harris County consists of three steps, as follows:

How Can You Keep Your Divorce Quick and Cheap?

The key to a fast and inexpensive divorce in Harris County is to minimize:

How Can You Draw Up a Settlement Agreement?

A settlement agreement is a legal document that regulates how the following will be handled after your divorce:

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Filing for Divorce in Harris County, Texas (TX)

Full-service divorce lawyers are well-prepared to meet their client's needs regardless of the type of marriage dissolution and the case's peculiarities. They can take on the paperwork, negotiate, and represent their client in divorce court.

Online Divorce in Harris County, Texas (TX)

TexasOnlineDivorce.com offers a straightforward solution to prepare all the divorce documents online within two business days.

Where to file for divorce in Texas?

The filing spouse (plaintiff) should collect the required divorce forms for their divorce in Texas, fill out these divorce papers, and file a Petition for Divorce through the District Clerk's office.

What are the grounds for divorce in Texas?

These grounds for divorce in Texas include: adultery; cruelty or violence; abandonment/desertion (1 yr.); insanity ( confinement in a mental hospital for at least 3 yrs.); conviction of felony and imprisonment at least 1 yr. (unless spouse testifies against convicted spouse).

What is mediation in divorce?

Mediation is an alternative dispute resolution option aimed to help spouses to negotiate constructively. Divorce mediation assists the spouses in jointly drafting a Marital Settlement Agreement that will be approved by the court. Negotiating is not easy. So the mediator works with the couple, helping them to engage in a productive dialog and come up with mutually beneficial solutions faster.

How much does it cost to file for divorce in Texas?

At the same time that the Petition for Divorce is filed, the plaintiff has to pay a court filing fee, which is approximately $300 in Harris County, Texas. The exact amount of the filing fee, as well as other court costs, will depend on the case.

How long do you have to live in Texas before filing for divorce?

6.301, either spouse must have been living in the state for the prior six-month period and in Harris County for at least the previous 90 days before filing the Original Petition for Divorce. 2.

What is the final decree of divorce in Texas?

7.001 of the Texas Family Code, the court distributes the property as it deems just and right, having due regard for the rights of each party and the children of the marriage.

What is the Texas Family Code for divorce?

Divorce in Harris County with children is ruled by the Texas Family Code, which is the single law for the entire state. Texas Family Code, Title 5, Chapter 153 establishes the best interest of the child as the primary consideration of the court in determining any issues of custody and visitation of the child.

How long does it take to get divorced in Houston?

In Harris County, it typically takes six months to a year before a divorce is finalized. Keep in mind that the only way a divorce is finalized is when a Judge signs a Final Decree of Divorce. There are basically three ways ...

How many judges are there in Harris County?

Each Family Law District Court in Harris County has an elected Judge who in turn appoints an Associate Judge. So in fact, there are really eighteen Judges to hear all of the family law cases in Harris County. The elected Judge can decide which cases to assign to the Associate Judge and which cases to retain. As a practical matter, they usually make the assignments at the 9:00 or 10:00 o’clock docket call each day and simply use their own judgment as to how many cases it is possible to hear for the day.

What time does the Associate Judge make the assignments?

As a practical matter, they usually make the assignments at the 9:00 or 10:00 o’clock docket call each day and simply use their own judgment as to how many cases it is possible to hear for the day.

How many court hearings can an attorney have at the same time?

They set matters without regard to the attorney’s schedule. It is not uncommon for an attorney to find that he or she has hearings scheduled in three or four Courts at the same time – the attorney cannot control this and must work from Court to Court as quickly as possible.

Is divorce legal in Harris County?

The Divorce Process in Harris County. The divorce process in Har ris County is different from virtually any other locale, due to its size. Yes, all of the mandatory steps required by Texas law are still necessary in Harris County, so they will not be discussed here.

What is the purpose of family court?

Family Courts. Family Courts decide on matters and render judgments relating to families and children. Some of the different case (cause) types heard in family courts include divorce, child custody, child support, visitation rights, protective orders and the emancipation of minors.

What is IV D child support?

IV-D Child Support Courts decide on matters and render judgments relating to cases filed by the Texas Attorney General that establish and enforce child support orders on behalf of the State of Texas. In some instances the cases are referred back to the family district courts.