How to File for Divorce While Incarcerated in Texas

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The process of filing for divorce can range from simple to extremely arduous. One factor that would make filing more difficult is doing so while incarcerated in a Texas correctional facility. While more complicated and time consuming, there are clear paths for inmates wishing to file for divorce while incarcerated in Texas.

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How to File for Divorce While Incarcerated in Texas.

Identify and complete the appropriate forms to file for divorce. The type of forms needed depend on several specific conditions including:

  • Whether children are involved
  • Whether a bankruptcy is pending
  • Whether the divorce will be contested
  • If Texas residency is established.
Regardless of the conditions, the proper

forms can be obtained online from

  • Grant a power of attorney. A power of attorney takes a notarized signing which can be performed at the institution through the law library. A petition to the warden may be required for notary service.

    Complete an unsworn declaration. The unsworn declaration is a procedural must for presentation of an inmate's petition for divorce to a judge in court. It is required by the Texas Civil Practices and Remedies Code, Chapter 132.

    Complete the proper forms for service of citation or service of process. The forms can be obtained without cost at Completion of these forms will ensure that proper notice has been provided to the respondent.


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