Where to File for Divorce in Hays County?
Family law cases are handled in the Hays County District Court, located at the Hays County Government Center in San Marcos, Texas. If you’re filing for divorce in Hays County, you must submit your paperwork through the District Clerk’s Office, which manages all divorce petitions.
712 S Stagecoach Trail, San Marcos, TX 78666
Phone: 512-393-7700
Business hours: 8:00 a.m. – 5:00 p.m.
Drop Box hours: 8:00 p.m. – 5:00 p.m.
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The Requirements for Divorce in Hays County
Before filing for divorce in Hays County, Texas law requires you to meet certain residency rules. According to Texas Family Code § 6.301, at least one spouse must have lived in Texas for the past six months and must have resided in Hays County for at least 90 days before submitting the Original Petition for Divorce. Meeting these conditions is essential for your local court to accept the case.
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Filing for Uncontested Divorce in Hays County
If you and your spouse agree on all divorce terms upfront, you may qualify for an uncontested divorce, which usually saves time and legal costs. Here’s how it generally works:
- Prepare the Petition: Complete and file the Original Petition for Divorce to open your case.
- Officially Notify Your Spouse: Deliver the petition formally or have your spouse sign a Waiver of Service.
- Wait 60 Days: Texas law requires a 60-day waiting period before the court can finalize your divorce.
- Work Out Terms: Use this time to settle issues like property division, child custody, and support if needed.
- Put the Agreement in Writing: If you reach full agreement, you can submit an Agreed Final Decree to the judge instead of attending multiple hearings.
- Get Court Approval: After the waiting period and once all paperwork is ready, a judge will review and sign the Final Decree of Divorce, making the divorce official.
Choosing an uncontested divorce in Hays County can simplify the process and help both parties avoid a lengthy court fight.
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Required Divorce Forms in Hays County
To start your divorce in Hays County, you’ll need to prepare a few key forms:
- Original Petition for Divorce: Opens your case.
- Civil Case Information Sheet: Provides case details for the clerk.
- Final Decree of Divorce: The final order that ends the marriage.
- Citation (Summons): Used if the other spouse must be formally served.
- Waiver of Service: If your spouse accepts informal notice.
- Standing Order: Rules for both parties during the process.
If you have children:
- Standard or Modified Possession Order (custody/visitation).
- SAPCR (Suit Affecting Parent-Child Relationship).
- Parenting Class Certificate (if required).
- Income Withholding Order (for child support).
Keep in mind that additional forms may apply. Always verify with the Hays County District Clerk or the official Texas Courts website.
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Hays County Divorce Filing Fees
When you file for divorce in Hays County, you’ll pay a filing fee, which is generally around $300. This fee is required for all divorce cases, though additional costs may come up for certified copies or additional motions. If you cannot afford the filing fee, you can submit an Affidavit of Inability to Pay Court Costs – this must be signed in front of a notary. For the latest fees or waiver information, check with the local clerk’s office or visit https://www.hayscountytx.gov/.
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