THE DISTRICT CLERK'S OFFICE DOES NOT SUPPLY FORMS NECESSARY TO FILE FOR DIVORCE. WE ARE NOT ATTORNEYS AND ARE LEGALLY PROHIBITED FROM GIVING ANY LEGAL ADIVCE.
If you intend to represent yourself "Pro Se" (without the assistance of an attorney) you must have knowledge of the law to prepare and file the necessary pleadings and present your cause to the Court, the same as an attorney is required to do. The Clerk is prohibited from checking your documents to see if they are in compliance.
The only suggestion the clerk's office can offer is for you to: check bookstores for information on filing your own divorce, go to the Library and research the Texas Family Code, Chapter 6 for information, research on the internet or see an attorney. You may contact The Lawyer Referral Service of Central Texas @ 866-303-8303 or online @ www.AustinLRS.org. You may also search the [email protected] www.texaslawhelp.org.
PROCEDURES FOR FILING YOUR OWN DIVORCE
- Bring your Original Petition for Divorce and 2 copies to the District Clerk’s office to be filed. All documents must be single sided.
- Filing fees are due at the time of filing. Divorce without children ... $281 and Divorce with children ... $296. There may be additional fees assessed depending on whether you are requesting citation and service. Payment is accepted in the form of cash, money order, cashier's check or credit card. (Please note there is a convenience fee associated with credit card payments). NO PERSONAL CHECKS ARE ACCEPTED.
- The Petition will be filed stamped, assigned a cause number and court. Please make sure you have this information available when you contact our office concerning your case. The District Clerk's phone number is 512/943-1212. Hours of operation are Monday- Friday, 8:00 am to 5:00 pm.
- In most cases the Petition must be on file for at least 60 days before you can go before the judge for a final hearing. Please refer to the rules for further information.
- After the waiting period has expired (if required) and your paperwork is in order, please refer to the court information document you were provided at the time of your filing. You will appear in your assigned court for the Uncontested Docket. You will need to bring the Final Decree of Divorce and be prepared to present your case to the Court.
- Most courts will not hear uncontested cases after the 9:00 Uncontested Docket so please make sure you arrive early.
- If a citation was served and an answer was filed, you will need to schedule a hearing date with the Court Administrator for your assigned court and notify the other party of the hearing.
- If the Judge signs the Order, you MUST bring the Original Order to the District Clerk's Office to be file marked. You may purchase copies of your Final Order at that time.
- If you or your spouse will be receiving child support, you must provide the District Clerk's office with the required information to set up your child support account. The child support information form can be located on the District Clerk's website @ www.wilco.org. Select the District Clerk Department and look under "Forms". Please note all child support payments are federally mandated to be sent through the State Disbursement Unit (SDU) P.O. Box 659791, San Antonio, Texas 78265-9941 and this must be specified in you Final Decree and the Order Withholding.
- A Vital Statistic Form must be completed and filed when you are filing the Final Order. This is a State mandated form and can be located on the District Clerk's website.
WE ARE SORRY. WE CANNOT LEGALLY ASSIST YOU WITH ADDITIONAL INFORMATION. HOWEVER, PLEASE CALL OUR
OFFICE AT 512/943-1212 REGARDING THESE INSTRUCTIONS.