Frequently Asked Dallas Divorce Questions

How Long Do I Have To Live In Dallas Before I Can File For Divorce?

A suit for divorce can be maintained in Dallas County if:

(1) Either the Petitioner or Respondent have resided there for the past 90 days, or if both parties have been domiciled in Texas for the past six (6) months;

 (2) Dallas county is where the Petitioner has resided for the past 90 days, or if he/she is the only party that has been domiciled in Texas for the past six (6) months.

 (3) Dallas County is the county where the Respondent resides if he is the only party who has been domiciled in Texas for the past six (6) months.

See Tex. Fam. Code Sec. 6.301, 6.3-2.

Is There A Mandatory Waiting Period In Dallas County Before A Divorce Can Be Granted?

 In Dallas County, there is a 60-day waiting period. Generally, a court cannot render a final judgment for divorce until at least 60 days after the day the suit was filed. See Tex. Fam. Code Sec. 6.702(a).

A party can ask for a waiver of the 60-day waiting period if:

(1) The Respondent has been convicted of or received deferred adjudication for an offense involving family violence against the Petitioner or a member of the Petitioner’s household; or

 (2) The Petitioner has an active protective order and an order based on the findings of family violence committed by the Respondent during the marriage.

See Tex. Fam. Code Sec. 6.702(c)(2).

How Can I Serve My Spouse In Dallas County? If Attempts To Serve Do Not Work, Can I Serve By Publication?

In Dallas County, when the Respondent is in Texas, service is proper if the Respondent is hand-delivered a copy of the citation and petition for divorce. Service may be done by a sheriff, constable, or another person authorized by law. Tex. R. Civ. P. 103.

Service is also proper by mailing the citation and petition by registered or certified mail with return receipt requested. The return receipt with the addressee’s signature is attached to the return. Tex. R. Civ. P. 106.

On Motion, supported by an affidavit saying personal delivery was unsuccessful, the court may grant service by an alternative method. Under substitute service, the court can order that the citation and a copy of the petition can be left with anyone over age 16 at the specified location or in any manner that the affidavit stated would reasonably give the respondent notice of the divorce suit.

Waiver of service is also proper if the Respondent will agree to accept service. If the Respondent will agree to sign a waiver of service, then hand delivery is not required.

If counsel represents the Respondent, service may also be proper on the Respondent’s attorney of record if the attorney agrees to accept service on the Respondent’s behalf.

Additional Divorce Filing Focus 

What Are The Specific Forms I Will Need To File For A Divorce In Dallas County?

To file for divorce in Dallas County, you will need to file a Civil Case Information Sheet along with your Petition for Divorce.



Where Do I File For Divorce In Dallas?

You should file for divorce with the Dallas County Family Judicial District Courts. The George Allen Courthouse is located at 600 Commerce St. in Dallas.

How Much Are The Filing Fees At The Dallas Courthouse?

The Dallas Family Court Fees are as follows:

Dallas County Family Court list of fees

Are There Any Dallas Count-Specific Laws That May Differ From How Other Family Law Handles Cases Around The State?

Yes, they are the Local Rules of the Family District Courts of Dallas County, which can be found on the Dallas County Family Court website.

One aspect specific to Dallas County that is not in all counties in Texas is that once you file for divorce, the Dallas County Standing Order goes into place and puts restrictions on what the parties can and cannot do throughout the divorce.

For additional guidance, please reach out to our firm. We have board-certified divorce attorneys waiting to assist you in your matter.