In order to file for divorce in Bexar County, Texas, you or your spouse must have:
In Bexar County, family law matters and divorce cases fall under the jurisdiction of District Courts. The Local Rules for the Bexar County Civil District Courts govern procedures in Civil District Court cases and provide instructions to parties regarding issues ranging from the allocation of judges (discussed below) to family law policies.
All family law cases in Bexar County are also subject to the Standing Order Regarding Child(ren), Property and Conduct of Parties in Divorce and Suits Affecting the Parent-Child Relationship. The Civil District Courts of Bexar County adopted this order to remain in effect while the lawsuit is pending in order to (1) protect the parties and their child(ren); and (2) preserve the parties’ property.
Pursuant to Bexar County’s Standing Order, parents of minor child(ren) are required to attend a family stabilization program (Helping Children Cope with Divorce) within 60 days of the filing of the Petition for Divorce or the Suit Affecting the Parent Child Relationship. Waivers may be granted only by order of the court. Proof of completion of the program must be provided to the court upon meeting this requirement.
Bexar County employs a “Presiding” or “rotating” system for its civil courts, including its District Courts. Under this Presiding system, every pretrial hearing is scheduled on a centralized docket, regardless of the court assigned when the Plaintiff files their lawsuit. This docket is overseen by a rotating judge, known in Bexar County as the “Presiding Judge.”
The civil district judges rotate monthly as Presiding Judge. Each week a fixed number of judges, as determined by the Civil District Judges, are assigned to assist the Presiding Judge with the nonjury docket. The other judges are assigned to try jury cases (and nonjury trials of more than two days or as referred by the Presiding Judge).
Put simply: if you have a family law matter in Bexar County, your case will be overseen by a rotation of judges and you may not see the same judge twice. For example, one judge may preside over a Temporary Orders hearing, while another judge may preside over a Summary Judgment hearing several months later. By contrast, in some other Texas counties, the same judge presides over every matter in a case from start to finish.
More information regarding Bexar County’s Presiding Court can be found here.
The Presiding Court is in Suite 1.09 on the 1st Floor of the Bexar County Courthouse, located at 100 Dolorosa, San Antonio, Texas 78205.