Original Petition for Divorce

The Original Petition for Divorce or the Petition tells the Judge that you and your spouse want a divorce. It officially starts the divorce process. Filing the Original Petition for Divorce with the District Clerk or the County Clerk starts the clock on the mandatory 60 day waiting period.

You must file an Original Petition for Divorce in all Texas divorce cases.

Depending on the county you’re filing in, Texas divorces are either handled by a District Court or a County Court. When you file the Petition with the District Clerk or County Clerk, your case will be assigned to a specific Court.

Once you’ve filed the Original Petition for Divorce, you’ll need to make sure that your spouse receives a copy of it.