Dallas, TX Divorce Attorney Office

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

(1) Either the petitioner or respondent has resided there for the past 90 days if both parties have been domiciled in Texas for the past six (6) months;
(2) Dallas is the county where the Petitioner has resided for the past 90 days if he or she is the only party who has been domiciled in Texas for the past six (6) months; or
(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.

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 order based on finding of family violence committed by the Respondent during the marriage.

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

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, than hand delivery is not required.

If the Respondent is represented by counsel, service may also be proper on the Respondent’s attorney of record if the attorney will agree to accept service on the respondent’s behalf.

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

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 filing fees at the Dallas courthouse?
The Dallas Family Court Fees are as follows:

Dallas County Family Court list of fees.