Where to File for Divorce in Smith County, Texas?
In Smith County, divorce cases are handled through the courthouse in Tyler. The court accepts divorce filings, considers custody or support issues, and grants the final order to end the marriage. Both contested and uncontested divorce matters are decided here.
Address: 100 North Broadway, Room 204, Tyler, TX 75702
Phone: (903) 590-1660
Fax: (903) 590-1661
Business Hours: Monday–Friday, 8:00 a.m. – 5:00 p.m.
Where to File: File your divorce petition with the District Clerk’s Office located on the second floor of the Smith County Courthouse.
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The Requirements for Divorce in Smith County
DivorceCanBeSimple.com knows divorce can feel stressful in Smith County. That’s why we created a simple guide to explain the process. To file for divorce, you must meet Texas residency rules under Texas Family Code § 6.301. At least one spouse must have lived in Smith County for 90 days and in Texas for six months before filing. Once these requirements are met, you can submit your divorce petition to the Smith County court.
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Filing for an Uncontested Divorce in Smith County
Filing for an uncontested divorce in Smith County can save you time and stress since both spouses are on the same page about all terms. To complete the divorce process in Smith County, follow these steps:
- Check the forms and rules: Look at the divorce forms you need and read Smith County’s court rules before you start.
- File your petition: Take the Original Petition for Divorce to the district clerk’s office in Smith County.
- Pay the fee: Pay the filing fee or ask for a fee waiver if you cannot afford it.
- Give papers to your spouse: Give your spouse a copy of the filed forms. They must sign a Waiver of Service or submit an Answer.
- Wait 60 days: Texas law requires a 60-day wait before the divorce can be final.
- Prepare the final papers: While waiting, fill out the Final Decree of Divorce and any related forms.
- Get your spouse’s signature: Ask your spouse to sign the Final Decree if you still agree on everything.
- Set up a hearing: Make an appointment for a court hearing with the clerk after the 60-day wait.
- Attend the hearing: Go to court and briefly confirm to the judge that your agreement is fair.
- File the final papers: File the signed Final Decree with the clerk and get certified copies for your records.
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Required Divorce Forms in Smith County
Before filing for divorce, it’s useful to know which forms are needed. For an uncontested divorce in Smith County, the main forms often include:
- Original Petition for Divorce – Starts the divorce case and tells the court what you want (property division, custody, etc.).
- Civil Case Information Sheet – A simple cover sheet with basic details about your case for the clerk.
- Respondent’s Original Answer or Waiver of Service Only – Your spouse files one of these: the Answer if they want to respond, or the Waiver if they agree not to be formally served.
- Final Decree of Divorce – The judge’s signed order that officially ends your marriage and sets all terms.
- Information on Suit Affecting the Family Relationship (VS-165) – Required if you have children; gives family and child details for state records.
- Parenting Plan / Custody and Support Orders – If children are involved, explains custody, visitation, and support arrangements.
- Military Status Affidavit – Required if your spouse does not respond, to confirm their military status.
Take the first step toward your fresh start today. DivorceCanBeSimple prepares all the papers you need to file.
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Smith County Divorce Filing Fees
A divorce filing fee in Smith County, Texas is approximately $300. This includes the basic filing fee and various court fees. Additional costs, like serving the papers or making copies, may apply. If you cannot afford these fees, you can request a fee waiver by filing a Statement of Inability to Afford Payment. The court will review your financial situation to determine if you qualify for a waiver.
For more details, visit the Smith County District Clerk’s website at www.smith-county.com/government/elected-officials/district-clerk.
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