How do you go about filing for divorce when married in Florida but now living Texas?

To file for divorce in Texas when you were married in Florida, you will need to follow these general steps:

Establish Residency:

1. Residency Requirement: To file for divorce in Texas, you or your spouse must have lived in the state for at least six months before filing the petition.

File a Petition for Divorce:

2. Complete Forms: Obtain the necessary divorce forms from the Texas court website or the district clerk's office. These forms may include the Petition for Divorce, Citation, and Waiver (if applicable).

3. File the Petition: File the completed Petition for Divorce and supporting documents with the district court in the county where you or your spouse resides. Pay the required filing fees.

Serve the Petition:

4. Serve Your Spouse: Serve your spouse with a copy of the Petition and Citation. This can be done through personal service, certified mail, or publication (in certain circumstances).

5. Wait for Response: Your spouse has a certain amount of time to respond to the petition, typically 20 to 30 days. If your spouse does not respond within the specified time, you may be able to request a default judgment.

Complete Mandatory Waiting Period:

6. Waiting Period: Texas law requires a 60-day mandatory waiting period from the date the divorce petition is filed to the date the divorce can be finalized. This period is meant to provide an opportunity for reconciliation or resolution.

Attend Mediation (If Required):

7. Mediation: Texas requires mandatory mediation in most divorce cases. Mediation is an alternative dispute resolution process where a neutral third party helps you and your spouse reach an agreement on important issues such as property division, child custody, and spousal support.

Finalize the Divorce:

8. Trial or Settlement: If you and your spouse cannot reach an agreement through mediation, your case may proceed to trial. If you settle, you will need to submit a Settlement Agreement to the court.

9. Final Hearing: Attend the final divorce hearing, where the judge will review your case and finalize the divorce.

10. Sign the Divorce Decree: The judge will sign the final divorce decree, which legally ends your marriage. Make sure you receive a certified copy of the divorce decree for your records.

Remember, divorce laws and procedures can vary, so it's important to consult with an attorney experienced in family law to ensure that your rights are protected and that the process is handled correctly.