Introduction
Filing for divorce is a life-altering decision—and if you’re doing it in Collin County, Texas, it’s crucial to understand the first steps to take. Whether your divorce is uncontested or contested, this guide will walk you through everything you need to know, from residency rules to court filing and beyond.
🏡 1. Confirm Residency Requirements
Before filing, confirm you or your spouse meets these:
Texas residency: At least one spouse must live in Texas for the past 6 months.
Collin County residency: One spouse must live in Collin County for at least 90 days.
📌 Tip: Keep documents like utility bills or driver’s licenses as proof.
📝 2. Decide: Contested or Uncontested Divorce?
Uncontested Divorce: Spouses agree on property, custody, and support. Fastest and least expensive.
Contested Divorce: Disagreements on key issues; may require court hearings, mediation, or trial.
📌 Tip: Opt for mediation early if disputes arise.
📄 3. Prepare and Complete Required Divorce Forms
Typical forms include:
Original Petition for Divorce
Civil Case Information Sheet
Waiver of Service or Respondent’s Answer
Final Decree of Divorce
VS‑165 Vital Statistics Form
Child-related documents (if applicable): Possession Order, Child Support Worksheet
📌 Tip: Use Collin County’s Guide & File or TexasLawHelp.org for assistance.
🏛️ 4. File Your Divorce Petition in Collin County
Where to File:
Collin County District Clerk
📍 2100 Bloomdale Rd, Suite 12132, McKinney, TX 75071
Cost:
$300–$385 depending on your case.
How:
In person or
Online via Texas e‑File system.
📌 Tip: Fee waivers may be available if you qualify based on income.
📬 5. Serve Your Spouse
Options:
Waiver of Service: Spouse voluntarily signs.
Personal Service: Process server delivers papers.
Service by Publication: When location of spouse is unknown.
📌 Tip: A signed waiver streamlines the process.
⏳ 6. Observe the 60‑Day Waiting Period
Texas requires a 60-day waiting period after filing before the divorce can be finalized (exceptions exist for family violence).
During this time, you can request:
Temporary custody
Financial support
Restraining orders
📌 Tip: Temporary orders help maintain stability during the waiting period.
🤝 7. Negotiate the Final Divorce Terms
Uncontested Divorce: Agree on all terms, then finalize the decree.
Contested Divorce: Use mediation or prepare for hearings.
📌 Tip: A clearly written decree prevents post-divorce disputes.
👩⚖️ 8. Finalize the Divorce With the Court
Uncontested: May not require a hearing.
Contested: Judge will review evidence and issue a ruling.
Bring your Final Decree of Divorce, signed by both parties (if applicable), and submit it for the judge’s signature.
✅ 9. Handle Post-Divorce Legal & Financial Changes
After the divorce is finalized:
Update your name (if needed)
Change beneficiary designations
Separate joint accounts
Update your estate plan
📌 Tip: Request multiple certified copies of the divorce decree for future needs.
📋 Quick Divorce Timeline
| Step | Duration |
|---|---|
| Residency Check | Up to 6 months |
| Filing Petition | 1 day |
| Serving Spouse | 1–5 days |
| Waiting Period | 60 days |
| Finalization | Varies (1 day–weeks) |
❓ Frequently Asked Questions (FAQ)
Q: How long does a divorce take in Collin County?
A: An uncontested divorce can take as little as 60–90 days. Contested divorces may take 6–12 months or more.
Q: Can I file for divorce online in Collin County?
A: Yes. The Texas e‑File system is available for uncontested divorces and many other filings.
Q: Do I need a lawyer to file for divorce in Texas?
A: No, but legal advice is highly recommended—especially for contested cases or those involving children or property.
Q: What happens if my spouse refuses to sign the papers?
A: You may proceed with a contested divorce. If served and they don’t respond, you can request a default judgment.
Q: Do both spouses have to attend the final hearing?
A: In uncontested cases, only the filing party (Petitioner) may be required to appear, and in some cases, appearance may be waived.
🔑 Final Thoughts
The first step to filing for divorce in Collin County is understanding the legal landscape: your residency, paperwork, fees, and court procedures. Whether you’re pursuing an uncontested or contested divorce, starting with clear information will set the tone for a smoother process.
If you’re ready to move forward, Texas Divorce Service offers professional help to file quickly, affordably, and correctly—no courthouse confusion required.
📞 Get Help Now
Call Texas Divorce Service at (469) 913‑4000 or visit www.texasdivorceservice.com for online filing, form preparation, and step-by-step guidance for Collin County divorces.