District Clerk Forms General Information. The forms contained on this website are provided for use by law offices or pro se litigants.
The office of the Lubbock County District Clerk serves as custodian of records for the six district courts and for family, juvenile, adoption cases. We do not provide legal forms for the use by law offices or pro se litigants. The deputy district clerks will not provide you with legal advice. If you have questions concerning your legal rights, you should contact an attorney of your choice or you may obtain a referral for legal services through the State Bar of Texas, Legal Referral Service by calling or TEXBAR toll free.
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If your spouse is pregnant, it is best to wait until the baby is born to file for divorce. Most Texas courts will not finalize a divorce if your spouse is pregnant, even if the baby is not the husband's. The court will typically wait until after the birth of the baby so that orders regarding the child can be included in the final Decree.
The person filing for divorce takes the Petition for Divorce, along with two copies to the District Court clerk's office and pays the filing fee. The clerk will assign a case number and will file-stamp the Petition and the copies.
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Texas requires a minimum 60 day waiting period before any divorce can be finalized. The 60 day period begins to run from the day the Petition is actually filed with the court.
Pro Se Divorce Clinic - Stephanie Askew - Denton County Bar Association
When both spouses agree on all aspects of the divorce, the Petition for Divorce tells the court, among other things, that the non-filing spouse will waive his or her right to personal service. The Waiver of Citation that tells the court that your spouse has received a file-stamped copy of the Petition and has signed the Final Decree of Divorce. You can file a Motion for Substituted Service along with an Affidavit in Support of Substituted Service, which asks the judge to issue an Order allowing the Respondent to be served by any one of the following alternate methods:.
Texas requires a court hearing for all divorce cases. This hearing can happen no sooner than 61 days after filing the Petition. An uncontested divorce hearing is typically brief and involves the Petitioner requesting the divorce be finalized while the judge ensures everything is in order.
At the hearing, the Petitioner files the Final Decree of Divorce signed by both spouses. At the end of the hearing, the judge will sign the Decree, and the divorce will be final. Only the Petitioner is required to attend the court hearing. Although the statutory waiting period to finalize a divorce is 60 days, the shortest amount of time it will take to finalize a divorce in Texas is 61 days.
Don't I need to "serve" my spouse the divorce papers? Why does my spouse need to sign the Waiver of Citation? What if my spouse won't sign the Waiver of Citation?
You can file a Motion for Substituted Service along with an Affidavit in Support of Substituted Service, which asks the judge to issue an Order allowing the Respondent to be served by any one of the following alternate methods: By leaving a copy of the Citation and Petition with anyone over 16 years of age at Respondent's residence. You can also get started on your application online. What Is Pro Se Divorce? This is one of the simplest of all plans and by far the least expensive.
We will draft for you all of the required divorce forms: the divorce petition, waiver of service, and the final decree. You will also receive instructions for how to initially file your divorce and prove it up before the Court.
Do-It-Yourself Texas Divorce With Children
The plan includes all necessary divorce forms drafted by an attorney: the divorce petition, waiver of service, and the final decree. This one will take a little more work; but if you and your spouse agree on everything regarding visitation, it should not take longer than a standard possession custody agreement. Male Female Please select a gender. Spouse One Address Please enter spouse one's address.
Spouse Two Address Please enter spouse two's address.