Before filing for divorce in Wise County, you need to make sure you are eligible to do so. There are two main requirements that either you or your spouse should meet:
- Live in the county for at least 90 days.
- Live in Texas for at least 6 months.
As long as any of you meets both of these requirements, you may divorce in Wise County. Otherwise, you will not be considered a resident, and the local court will not review your case. It would be necessary to either wait or get divorced in the county where you or your spouse live.
Steps to File for Divorce in Wise County
To begin the process of filing for divorce in Wise County, you will need:
- Find and fill out forms relevant to your case.
- Submit your paperwork to the District Clerk either in person or electronically using the official Texas e-filing portal at eFileTexas.gov.
- Pay the filing fee and take the copies of the documents.
- Give a copy of the paperwork you filed to your spouse.
- Ask that your spouse signs the Answer or Waiver and a Decree.
- Get a hearing date after a state-mandated 60-day waiting period.
- Take the final paperwork with you to the court and attend the hearing.
- File the Decree with a clerk after the judge signs it.
If you have children who received Medicaid or TANF, you will also have to mail the copy of the Petition you filed to the Child Support Division of the Office of Attorney General. You will have to prove you did it when finalizing your case, so request a return receipt when mailing the form.
You will need a lawyer to represent you if you are filing on a fault basis, such as adultery, cruelty, or abandonment, for instance. The same applies to a contested divorce—where you and your spouse agree to a no-fault divorce, but cannot agree on property division, spousal support, or child custody arrangements.
What Forms Are Needed for Filing for Divorce in Wise County?
The package of documents you will need for a Wise County divorce will mainly depend on whether you have children under 18 and whether your spouse will contest the case.
If there is a chance you can come to an agreement or you have already reached it, here are some of the Wise County divorce papers you may need:
- Original Petition for Divorce in Wise County
- Civil Case Information Sheet
- Answer or Waiver of Service
- Information on Suit Affecting Family Relationship
- Standard or Modified Possession Order if you have children
- Final Divorce Decree (Standard Texas State Pro Se Form)
Note that the forms you require will vary depending on your family circumstances. For example, if you or your spouse would like to restore a former or maiden name, you can simply include the request within the Original Petition for Divorce, and the judge will include the name restoration directly in the Final Divorce Decree.
To fill out divorce papers correctly, you will have to read each question to make sure it applies to your case before you answer it. It is worth paying special attention to sections with numbers and calculations, as they are the easiest to make mistakes in.
Signing the forms right after you are done filling them in might not be the best option. Taking time to review them and checking whether you should sign them in front of the notary might save you from having to refill the paperwork.
Click Here To Prepare Divorce Documents Online
Wise County Divorce Filing Fees
The base filing fee for a divorce petition with the Wise County District Clerk is currently $350, excluding potential service or copying fees. There might be other court fees, such as those for making copies or serving your spouse, if you need it.
As the rates are susceptible to change and vary across the state and counties, it might be worth knowing the exact sum before bringing your case to court.
To inquire about the fees, contact the clerk of the district court where you plan to file. You may also want to ask about the means of payment they accept and whether their work hours remain the same.
If you cannot afford to pay the fees, you may request relief from court by filing a Statement form. The judge will review it to decide whether your financial situation is dire enough to grant relief.
Where to File for Divorce in Wise County?
In Wise County, divorce cases are handled through the District Courts and must be filed directly with the Wise County District Clerk’s Office. Justice of the Peace (JP) courts do not have legal jurisdiction over family law or divorce matters.
| Court / Office Name | Court Address | Working Hours |
|---|---|---|
| Wise County District Clerk (271st District Court & County Court at Law No. 2) | 101 N Trinity St, Suite 102, Decatur, TX 76234 | Monday–Friday: 8:00 AM – 5:00 PM |
Disclaimer: This guide provides general legal information, not legal representation. If your divorce is contested or involves fault-based claims such as adultery, cruelty, or abandonment, you may benefit from consulting a Texas family law attorney. These cases can involve more complicated legal and procedural issues than a straightforward uncontested divorce.
Click Here To Prepare Divorce Documents Online
Erin Bensen is a relationship expert and a writer known for her articles on love and marriage. Being a paralegal, she also writes about divorce and the procedures around it. Erin regularly contributes to Modern Love Counseling and other divorce blogs, offering practical advice and support. Right now, Erin is working on her personal podcast, where she intends to discuss the complexities of relationships and help couples considering divorce.