Filing for divorce is a life-changing decision that often comes with many questions. If you live in San Antonio, Texas, you might wonder what you should do before you ever file anything with the court. Planning ahead can help you feel more prepared and secure during this difficult process.
Below, we will look at important steps—like meeting residency requirements, understanding the mandatory waiting period, and considering an agreement with your spouse. We will also discuss why you might be required to attend counseling and how to prove your residency and domicile so that the court has proper jurisdiction.
By learning about these legal requirements, you can approach divorce with confidence. Keep reading to discover what you need to know before filing, why these requirements matter, and how a San Antonio divorce lawyer at The Cook Law Firm & Associates PLLC can guide you.
Do You Meet the Residency Requirements in Texas?
Before you can file for divorce in San Antonio, you must meet the state’s residency and domiciliary requirements. According to Sec. 6.301 of the Texas Family Code, one spouse must have been:
- A domiciliary of Texas for the six months leading up to the filing date, and
- A resident of Bexar County for the 90 days immediately before filing.
This rule is very important. If you do not meet these requirements, the court does not have the authority to hear your divorce case. This issue was highlighted in an older case, Gallagher v. Gallagher, 214 S.W. 516, where having clear proof of domicile was key to the court’s power to grant or deny the divorce. Basically, the judge needs to know that you truly live in Texas and in Bexar County before you file.
If you and your spouse recently moved or if you are unsure how to prove your domicile, you may need to show documents, such as rental agreements, mortgage statements, utility bills, or other records showing your address and the length of time you have lived there. Making sure you have the right proof can save you from delays or even dismissal of your case.
Why Is the 60-Day Waiting Period Important for San Antonio Divorces?
After confirming you meet the residency requirements, the next rule to remember is the mandatory waiting period under Sec. 6.702 of the Texas Family Code. In most situations, the court cannot grant your divorce until at least 60 days have passed from the day you file.
This waiting period is often called a “cooling-off period.” It is there to give couples a chance to think carefully about whether divorce is the best choice. Sometimes, people reconcile or decide to handle matters differently during this time. If you are in a situation where family violence is involved, Texas law may allow exceptions to shorten or bypass this waiting period.
Despite how you might feel, this 60-day clock does not mean your divorce will be final on Day 61. You may still need to handle child custody, property division, and other important issues. However, you cannot finalize your divorce before the time is up unless certain domestic violence exceptions apply.
Should You Consider an Agreement With Your Spouse?
Filing for divorce can be much easier if you and your spouse agree on major issues ahead of time. Under Sec. 7.006 of the Texas Family Code, you can create a written agreement that addresses:
- How you will split property and debts
- What kind of spousal maintenance (if any) will be paid
- Other matters like who keeps the family home or who is responsible for specific bills
This “Agreement Incident to Divorce” can save you a lot of stress and court fees if both parties sign off on fair terms. The court will include these details in the divorce decree, but only if the judge believes the agreement is “just and right.” If your agreement seems one-sided or was made under unfair conditions, the court may not approve it.
Keep in mind that you or your spouse can still decide to change or withdraw the agreement before the final decree. Once the divorce decree is signed, however, any parts of the agreement included become final orders. If you want to move forward with this kind of contract, make sure you understand your rights and responsibilities.
What About Counseling During the San Antonio Divorce Process?
Many people do not realize that Sec. 6.505 of the Texas Family Code allows the court to order counseling while a divorce suit is active. The goal is to see if there is a reasonable chance of saving the marriage. This does not happen in every case, but if the court decides it is necessary, you and your spouse may be required to attend counseling sessions.
These sessions can be useful if you are uncertain about ending the marriage or want to explore ways to communicate more effectively, especially if children are involved. The counselor’s opinion on whether reconciliation is possible can factor into the court’s decisions. While this requirement does not apply to all couples, it is wise to be aware that it might come up, depending on the judge’s view of your situation.
Why Is Clear Proof of Residency and Domicile Necessary in San Antonio Divorces?
You might wonder why the court cares so much about where you live. If you have not lived in Texas or in Bexar County long enough, the court might not have jurisdiction over your case. Without jurisdiction, the court cannot grant a final order.
In Gallagher v. Gallagher, 214 S.W. 516, the court highlighted the importance of showing clear and undeniable proof that you meet the residency and domiciliary rules. This may include official documents, testimonies from people who know where you live, or any other proof that you truly maintain a home in Texas and have done so for the required period.
If there is confusion or conflict about your address, you may face delays or even have to refile later. The best approach is to gather all possible documentation in advance.
How Can You Prepare Before Filing for Divorce in San Antonio?
Below is a simple list of things you may want to do before filing for divorce in San Antonio. This list can serve as a quick reference to make sure you do not overlook important tasks:
- Check Residency: Make sure you or your spouse have been living in Texas for at least six months and in Bexar County for at least 90 days.
- Gather Financial Records: Collect pay stubs, bank statements, mortgage papers, and any other documents that detail your assets and debts.
- Research the Waiting Period: Remember you must wait 60 days after filing, unless you have a valid exception due to family violence.
- Consider an Agreement: Think about making a written contract with your spouse about property division and maintenance to simplify the process.
- Plan for Counseling: Be aware that the court can order you to attend counseling to see if reconciliation is possible.
- Consult a Lawyer: Seek guidance from a San Antonio divorce attorney to make sure you follow the rules and understand your rights.
What If You and Your Spouse Disagree on Major Issues?
Not every couple can reach an agreement before filing for divorce in San Antonio. If you and your spouse do not see eye to eye on things like child custody, spousal maintenance, or how to split property, your case might be more complicated.
Even if you disagree now, you can still discuss options like mediation. A mediator is a neutral third party who helps couples talk through disagreements. Sometimes, a mediator can help both spouses find common ground, which saves time and money. However, if mediation fails, you may have to go to court, present your evidence, and let the judge decide.
How Can a San Antonio Divorce Lawyer Help You?
Facing the legal system alone can be overwhelming, especially when you are also going through the emotional toll of a divorce. This is where the guidance of a San Antonio divorce lawyer can make a huge difference. The Cook Law Firm & Associates, PLLC, handles family law matters throughout the San Antonio area.
San Antonio divorce attorney Justin Cook can help you:
- Understand and meet the residency requirements
- Navigate the 60-day waiting period properly
- Decide whether an agreement with your spouse might be right for you
- Prepare for the possibility of court-ordered counseling
- Collect and present proof of your domicile
- Advocate for you if any disputes require court intervention
When you work with The Cook Law Firm & Associates, PLLC, you get direct attention and a legal strategy tailored to your unique needs. You do not have to figure out all the technical details alone. Instead, you will have the support of a San Antonio divorce lawyer who is dedicated to looking after your best interests.
Ready to Move Forward with Your San Antonio Divorce? Contact The Cook Law Firm & Associates PLLC Today
Deciding to file for divorce is never easy, but you do not have to go through it by yourself. At The Cook Law Firm & Associates, PLLC, our goal is to help you navigate each step—making sure you meet the residency requirements, understand the 60-day waiting period, explore the option of a written agreement, and prepare for any potential counseling.
We know that every family’s situation is different, and we are here to provide guidance that fits your specific needs. Call 210-740-0281 or fill out our online contact form today to schedule a consultation. Let San Antonio divorce attorney Justin Cook stand by your side and help you move toward the future you deserve.