The divorce process in Irving, Texas, generally involves several key steps and considerations. A central requirement for all divorces is residency within the applicable state for a certain time period.
One of the spouses must be a resident of Texas for 6 months to be eligible to file for a divorce in the state. Additionally, the petitioner must be a resident of Dallas County, Texas for at least 90 days where the case will be heard.
The divorce itself is usually filed in the county where the filing spouse resides.
Here’s a breakdown:
🏠 1. Residency Requirements
Before you can file for divorce in Irving Texas, either you or your spouse must have:
- Lived in Texas for at least six months.
- Lived in Dallas County for at least 90 days.
📄 2. Filing the Petition
- The divorce process officially begins when one spouse (the “petitioner“) files an Original Petition for Divorce with the Dallas County District Clerk’s Office.
- You’ll also typically need to file a Civil Case Information Sheet and, if minor children are involved, a Suit Affecting the Family Relationship form.
- There’s a filing fee, typically around $350, though this can vary. If you cannot afford the fee, you may be able to file an Affidavit of Indigency to request a fee waiver.
📬 3. Serving Your Spouse
- After filing, your spouse (the “respondent“) must be formally notified of the divorce. This is called “service.”
- Options for service include personal delivery by a constable or private process server, or certified mail with a return receipt requested.
- If your spouse is cooperative, they can sign a Waiver of Service, acknowledging receipt of the papers and waiving formal service. This can simplify the process.
- If you cannot locate your spouse, there are alternative methods like service by publication (publishing a notice in a local newspaper), but these are usually last resorts and complicate the process.
⏳ 4. 60-Day Waiting Period
- Texas law mandates a 60-day “cooling-off” period from the day the Original Petition for Divorce is filed before the divorce can be finalized. This means the earliest a divorce can be granted is 61 days after filing.
⚔️ 5. Uncontested vs. Contested Divorce
- Uncontested Divorce: This is the quickest and least expensive option. It occurs when both spouses agree on all terms, including property division, debt allocation, child custody, visitation, and child support. In such cases, the process is streamlined, often requiring only one brief court hearing (a “prove-up” hearing) where the judge reviews and approves the final decree. Uncontested divorces can often be finalized within 3 to 4 months after the 60-day waiting period. Dallas County even offers an online “Guide and File” system for uncontested divorces without children or real property.
- Contested Divorce: If spouses disagree on one or more issues, the divorce is contested. This type of divorce is more complex, time-consuming, and expensive. It may involve:
- Temporary Orders: The court may issue temporary orders to address immediate issues like child custody, support, or financial arrangements while the divorce is pending.
- Discovery: Both parties gather information about assets, debts, and other relevant details.
- Negotiation/Mediation: Spouses typically attempt to reach an agreement through negotiation or mediation (a neutral third party helps facilitate an agreement). Dallas courts often require mediation in contested cases.
- Trial: If an agreement cannot be reached, the case goes to trial, where a judge (or jury in some cases) makes decisions on the unresolved issues. Contested divorces can take nine months to several years to finalize.
🔑 6. Key Issues to Address in a Divorce
- Property Division: Texas is a community property state, meaning assets and debts acquired during the marriage are generally presumed to be community property and are subject to a “just and right” division by the court.
- Child Custody (Conservatorship): The court will determine who has the right to make decisions for the children (e.g., medical, educational) and establish a possession schedule (visitation). The primary consideration is always the child’s best interest.
- Child Support: One parent typically pays child support to the other based on state guidelines.
- Spousal Support/Maintenance (Alimony): In some cases, one spouse may be ordered to pay maintenance to the other, though this is less common and subject to strict criteria in Irving, Texas.
⚖️ 7. Finalizing the Divorce
- Once all issues are resolved (either by agreement or court order), a Final Decree of Divorce is drafted.
- The judge reviews and signs this decree, which legally dissolves the marriage and outlines all the terms of the divorce.
- The signed decree is then filed with the court clerk in Dallas County.
👶 Divorces Involving Children
Additional considerations include:
- Parenting Plan: Outlining custody arrangements and visitation schedules.
- Child Support: Determining financial responsibilities.
Dallas County provides specific forms and instructions for cases involving children.
🧾 Property Division
- Community Property: Texas is a community property state, meaning assets and debts acquired during the marriage are typically divided equally. However, the court aims for a “just and right” division, considering factors like each spouse’s earning capacity and contributions to the marriage.
💰 Cost of Divorce in Dallas County
The cost of a divorce in Irving, Texas can vary significantly:
- Uncontested/DIY: Can be as low as the filing fees (around $350) if you handle everything yourself, or up to $5,000 if you use a lawyer for basic assistance or a flat-fee service.
- Contested: Can range from $5,000 to $20,000 or more, especially with complex issues, high assets, or child custody disputes. Attorney hourly rates in Irving typically range from $260 to $750. Additional costs may include service fees, mediation fees ($500-$2,000 per session), expert witness fees (thousands), and parenting class fees.
📘 Frequently Asked Questions About Divorce in Irving, Texas
🔹 Where do I file for divorce if I live in Irving, Texas?
If you live in Irving, you will usually file for divorce in the Dallas County District Clerk’s office, since Irving is part of Dallas County. The Dallas County Family Courts are located in downtown Dallas at the George L. Allen, Sr. Courts Building.
💻 Can I file for divorce online in Irving, Texas?
Yes. Texas allows uncontested divorces to be filed online if both spouses agree on all issues. You can use a professional divorce preparation service or file pro se through the Texas eFile system.
💲 How much does it cost to file for divorce in Dallas County?
The filing fee is generally about $350–$400, depending on your situation. You may also need to pay additional fees for service of process or certified copies. If you cannot afford the fees, you may qualify for a waiver.
⏳ How long does an uncontested divorce take in Irving, Texas?
Texas requires a 60-day waiting period after filing the Petition for Divorce. If your case is uncontested and all paperwork is in order, most divorces are finalized within 60–90 days.
👩⚖️ Do I have to appear in court to finalize my divorce?
In many uncontested divorces, at least one spouse must appear briefly in court to present the final decree to a judge. In some cases, you can submit an affidavit instead of appearing in person.
❌ What if my spouse does not respond to the divorce papers?
If your spouse is properly served and fails to respond by the deadline, you can request a default judgment to complete your divorce without their participation.
⚖️ Start the Process
While you can represent yourself in a divorce (pro se), it’s strongly recommended to consult with a qualified divorce attorney, especially if your case involves children, significant assets, or disagreements. Judges and court staff cannot provide legal advice.
Our goal at Ready Divorce Service is to provide clarity and support tailored to your individual needs. By choosing us, you’re not just getting legal assistance. You’re gaining a partner who will be with you every step of the way. Together, we’ll embark on a new chapter of your life.
When you’re ready to move on, we’re ready to help.
📲 Call us now at (800) 432-0018
🖥️ Start your divorce online today