If you’re reading this, you’ve most likely decided that you are going to get a divorce. The hardest step is over, believe it or not. The good news is that divorce in Allen can be easier than people expect, specifically when both spouses can agree on how to divide property and debts, whether either party will pay spousal support, and if kids are involved, where they’ll live, how visitation works, and what child support looks like.
Step 1: Knowing Where and How You Can File For Divorce in Collin County
Allen is in Collin County, meaning your divorce gets filed with the Collin County District Clerk in McKinney. Before you file, you need to make sure you meet Texas’s residency requirements. At least one spouse must have lived in Texas for at least 6 months, and at least one spouse must have lived in Collin County for at least 90 days.
Step 2: Knowing if Your Split is Contested or Uncontested (Very Important)
Uncontested means you and your spouse agree on major issues: property and debts, whether one spouse will receive spousal support, and if you have kids, how custody, visitation, and child support will work. If you both truly agree on all of that before you file, your divorce can potentially be wrapped up in as little as two to three months.
Contested means you disagree on at least one of those things. This is very common, so if you think you’re in this, it’s ok. Most divorces don’t start out completely agreed, but that doesn’t mean yours is set out to be drawn-out and messy.
Step 3: Know What Your Legal Reason is For Divorce
Texas requires you to state grounds (meaning a legal reason) for the divorce. The vast majority of Texas divorces are filed on no-fault grounds, which the law calls “insupportability.” That just means the marriage isn’t working and there’s no reasonable chance of fixing it.
Texas does allow fault-based grounds, which include: Adultery, Cruelty, Abandonment, and Felony conviction.
Step 4: Officially Filing For Divorce
There is no “papers to fill out” in a divorce; a divorce is legally a lawsuit. The first thing you’ll file is an Original Petition for Divorce. Along with the petition, you’ll typically need: Civil Case Information Sheet, Waiver of Service, Final Decree of Divorce, and if children are involved, a Possession Order plus child support documentation.
Everything gets filed with the Collin County District Clerk at 2100 Bloomdale Road in McKinney. Filing fees typically run between $300 and $385.
Step 5: Officially Notify Your Spouse (Serving the Papers)
Once you file the necessary documents, you need to formally notify your spouse. Options: Waiver of Service (simplest), Process Server or Constable, or Service by Publication (rare). After being served, your spouse has 20 days to file a response.
Step 6: Go Through The 60-Day Waiting Period
Texas requires a mandatory 60-day waiting period from the date you file before the divorce can be finalized (with one exception for situations involving family violence). Use that time wisely. Gather your financial documents, nail down the terms of your agreement in writing, and get your paperwork organized.
Step 7: The Final Hearing
Once the waiting period is up, you’ll have a final hearing before a judge. In an uncontested divorce, this is usually pretty short. The judge will review your documents, ask a few questions to make sure everything checks out, and then sign the Final Decree of Divorce. Once the decree is signed, you’re legally divorced.
Should You Have an Attorney? Yes, Probably.
Texas allows you to represent yourself (pro se). And if you’ve only been married a couple of years, have no kids, no real estate, and very limited assets, some people do manage to handle it themselves. But if any of those conditions don’t describe you, the risks of going it alone get serious fast.
A divorce is a lawsuit. You are held to the same legal standard as an attorney, even if you’ve never set foot in a courthouse. An attorney does a lot more than fill out forms. They make sure property is correctly classified, that child custody and support language is airtight, and that you’re actually getting what you think you’re getting before it becomes a court order you’re stuck with.
