Filing for divorce is mostly paperwork and deadlines, but the order you do things in matters. A missed step can mean starting over, paying a second filing fee, or ending up with a decree that doesn’t say what you thought it said. This guide walks through how a divorce is filed in Seguin and the rest of Guadalupe County, from the first question (can you file here?) to the day the judge signs your final decree.
Step 1: Make sure you can file in Guadalupe County
Texas has two residency rules, and at least one spouse has to meet both before the petition is filed:
- Six months in Texas. You or your spouse must have lived in Texas for the six months right before filing.
- 90 days in the county. You or your spouse must have lived in the county where you file for the 90 days right before filing.
If you moved to Seguin from Bexar or Comal County two months ago, you may need to file in your old county or wait until you reach the 90-day mark here. If your spouse still lives in a county where they meet the requirement, they could file there instead. Getting this right up front avoids having a case dismissed or transferred later.
Step 2: Decide on the grounds
Most Texas divorces are filed on the no-fault ground called insupportability. It means the marriage can’t continue because of discord or conflict that has destroyed the relationship, and there is no reasonable expectation of getting back together. You don’t have to prove anyone did anything wrong.
Texas also allows fault grounds: cruelty, adultery, conviction of a felony, abandonment for at least one year, living apart for at least three years, and confinement in a mental hospital for at least three years. Fault isn’t required to get divorced, but in some cases it can affect how the court divides property. Whether to plead fault is a strategic decision worth discussing with a lawyer before you file.
Step 3: Gather your information
Before drafting anything, collect the basics. It will make every later step faster:
- Full legal names, dates of birth and addresses for you, your spouse and any children
- Date of marriage and date of separation (if you’ve separated)
- A list of property: the house, vehicles, bank accounts, retirement accounts, businesses, and anything owned before the marriage or received as a gift or inheritance
- A list of debts: mortgage, car loans, credit cards, medical bills, taxes owed
- Recent pay stubs and tax returns for both spouses, if you have access to them
- Any existing court orders involving the children or a protective order
If you’re not sure which property is yours alone and which belongs to the marriage, read our guide to separate vs. community property in Texas.
Step 4: Prepare and file the Original Petition for Divorce
The divorce starts with an Original Petition for Divorce. It names the parties, states that the residency rules are met, gives the grounds, and tells the court what you’re asking for: property division, custody, child support, a name change, and so on. If you have children together, the petition is also a suit affecting the parent-child relationship, and the children have to be identified.
Divorces in Guadalupe County are filed with the Guadalupe County District Clerk and heard by the Guadalupe County courts in Seguin. Lawyers file electronically, and self-represented people can usually e-file too. You’ll pay a filing fee when you file unless you qualify to have fees waived because you can’t afford them. For current amounts, see our page on Guadalupe County divorce filing fees.
If you’re representing yourself, the Texas Supreme Court has approved divorce forms available free at TexasLawHelp.org. They are designed for simpler cases. If there’s a house, retirement account, business or disagreement about the children, have a lawyer at least review your paperwork.
Step 5: Give your spouse legal notice
Filing doesn’t finish the job. Your spouse has to be formally notified, and there are a few ways that can happen:
- Waiver of service. If your spouse is cooperative, they can sign a waiver of service after the petition is filed. This saves the cost of a process server. Waivers have specific requirements, so read them carefully before signing or asking your spouse to sign.
- Personal service. A constable, sheriff or private process server hands your spouse the citation and petition, then files proof of service with the clerk.
- Alternative service or publication. If your spouse is avoiding service or can’t be found, you can ask the court for permission to serve another way. This takes extra steps and time.
Once served, your spouse generally has until 10:00 a.m. on the Monday after 20 days have passed to file a written answer. If they don’t respond, you may be able to move forward without them. Our article on default divorce in Texas explains how that works.
Step 6: Ask for temporary orders if you need them
A divorce can take months. If you need rules in place now about who stays in the house, who pays which bills, where the children live or how much support is paid, you can ask the court for temporary orders. These last until the final decree unless changed. See temporary orders in a Texas divorce for more.
Step 7: Exchange information and negotiate
In an agreed case, this step might take a few conversations. In a contested case, it can involve formal discovery: sworn inventories, requests for documents, and sometimes depositions. Most Texas divorces settle before trial, often in mediation. If you and your spouse reach a mediated settlement agreement that meets the legal requirements, it is generally binding and can’t be taken back just because someone changes their mind later.
Step 8: Wait out the 60 days
Texas requires a 60-day waiting period that starts the day the petition is filed. The judge can’t grant the divorce before then, even if you agree on everything on day one. There are limited exceptions in family violence situations. In practice, most divorces take longer than 60 days, but the waiting period sets the floor.
Step 9: Finalize the divorce
The divorce is final when the judge signs the Final Decree of Divorce. In an agreed case, both spouses (and their lawyers, if any) sign the decree, and one spouse usually appears briefly in court to give testimony, called a prove-up. In a contested case, the judge decides the disputed issues after a trial, and the decree is drafted to match.
Depending on your case, you may also need additional orders, such as a qualified domestic relations order to divide a retirement plan, or a child support withholding order.
Step 10: Follow through after the decree
A signed decree doesn’t transfer everything automatically. You may need to sign deeds, retitle vehicles, close joint accounts, update beneficiaries, and refinance the house if one spouse is keeping it. Keep a certified copy of your decree; you’ll need it more often than you expect.
Frequently asked questions
Do I have to live in Seguin to file there?
You or your spouse must have lived in Guadalupe County for at least 90 days and in Texas for at least six months before filing. It doesn’t have to be the city of Seguin itself; anywhere in the county counts.
Can I file for divorce without a lawyer?
Yes. Texas allows people to represent themselves, and approved forms are available for simpler cases. If your case involves children, real estate, retirement accounts or a spouse who disagrees, getting legal advice first can prevent expensive mistakes.
What if my spouse won’t sign anything?
Your spouse’s signature isn’t required to get divorced in Texas. If they won’t sign a waiver, you can have them served. If they don’t answer, you may be able to finish by default. Read what to do when a spouse won’t agree to a divorce.
How long after filing is the divorce final?
Not sooner than 60 days after filing in most cases. Uncontested cases often finish a few weeks to a couple of months after that; contested cases take longer. See how long a Texas divorce takes.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
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This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.