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Kay Polk - Attorney at Law
1502 Augusta #390
Houston, Texas 77057
Tel: 713-266-0846
Fax: 713-266-9260

1502 Augusta, Suite 390 • Houston, Texas 77057 • 713-266-0846

How to File for Divorce in Houston, Texas


Kay Polk, Houston divorce attorney, describes the divorce steps and process in Texas:

  • Choose an experienced divorce attorney to represent you, which will take the emotion out of the process and ensure each area of dissolution and child-related issues are handled professionally.
  • Decide if your divorce will be uncontested or contested: 
  1. For an uncontested divorce, you need to be in agreement with your spouse on all issues, under divorce law in Houston and Texas.  This type of divorce is typical of people who have no children, or who have decided they want to go their separate ways.
  2. In a contested divorce, there are more steps to take because you need to come to an understanding about alimony, child custody and support, division of debt and property, and visitation.
  • Are you or your spouse a resident of Texas for at least six months?

Filing a Contested Divorce under Texas Divorce Laws

  • Whether filing divorce in Houston or another TX city, the filing spouse files a Petition for Divorce with the Texas court.  This Petition asks for termination of the marriage and cites the grounds for divorce. 
  • Your attorney and your spouse’s attorney will each exchange information and documents about the divorce case.
  • The attorneys will discuss the settlement of the divorce. 
  • If you and your spouse agree to settle your differences and agree on alimony, division of assets and debt, and, if you have children, child custody issues, then one of the attorneys will file an Agreed Decree of Divorce.  This decree will spell out the settlement and terms.  You and your spouse, your attorneys, and then the judge need to sign this decree.
  • If you don’t agree and cannot settle your differences, a trial date will be set.  A mediator may try to help you come to terms with the settlement differences before the trial date.
  • At the end of the trial, either spouse’s attorney will file a Final Decree of Divorce for the judge to sign.  Hopefully at this point all your conflicts will be resolved.

Your divorce cannot be final for 60 days from filing the Petition for Divorce.

If you have any questions about how Houston divorce attorneys help you file divorce in Texas, contact the Kay Polk Law Firm at 713-266-0846, or use our confidential Web form.

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