How Do I File for Divorce in Hidalgo County?

Any divorce case starts with paperwork preparation. So, your first move in the process is to locate, obtain, and fill out the forms required in your situation.

While the uncontested divorce process in Hidalgo County is pretty simple if compared to prolonged and tense contested litigations, it cannot be finalized earlier than 2 months from filing the Petition due to the state-mandated waiting period. Yet, the overall procedure is quite straightforward, requiring several steps.

When the paperwork is ready, file the Original Petition for Divorce and other papers included in the initial package with the Hidalgo County District Court clerk. Pay a filing fee if you do not qualify for a fee waiver. The clerk will file-stamp them and return two sets of copies to you.

Give one set of document copies to the other party. Your spouse must sign an Answer or a Waiver of Service within the next 20 days. If they choose to provide a Waiver, it must be signed before the notary public.

During the ongoing waiting period, prepare the rest of the paperwork required to finalize the case. If you are in agreement and on friendly terms with your spouse, it is good to complete the Final Decree of Divorce together to eliminate possible arguments. Both spouses must sign the Decree.

You may also wish to draft a Settlement Agreement, which is a written contract governed by Texas Rule of Civil Procedure 11. Such a document would direct the judge’s orders and may even accelerate the process. As soon as the waiting period ends, contact the court clerk to schedule the final hearing date. On a stipulated date, bring the remaining papers to the courtroom and answer the judge’s questions, if any. Once the judge signs the Final Decree of Divorce, give it to the clerk and get a certified copy that officially ends your marriage.