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Divorce can feel overwhelming, but breaking the process into clear steps makes it easier to manage. Texas divorce laws set specific rules and timelines, and knowing what to expect helps you move through each stage with confidence. This guide outlines the essentials of starting the divorce process in Texas, from filing the first papers to addressing financial and family matters.
Understanding Residency Requirements
Texas courts only grant a divorce if you meet the residency rules. You or your spouse must live in Texas for at least six months before filing. In addition, one of you must live in the county where you plan to file for at least 90 days. If you meet both requirements, you can start your case in that county’s district court.
Choosing the Right Divorce Petition
The process begins when you file an Original Petition for Divorce. This document tells the court you want a divorce and explains the basic information about your marriage. You need to decide if you will file a contested or uncontested divorce.
- In an uncontested divorce, both spouses agree on issues such as property division, child custody, and support.
- In a contested divorce, you and your spouse disagree on one or more issues, and the court may have to decide.
Filing the right petition sets the tone for the rest of the case.
Filing the Divorce Petition
You file your petition with the district clerk’s office in your county. Once you pay the filing fee, the court assigns a case number. The petition should include your name, your spouse’s name, date of marriage, date of separation if applicable, and the reason for divorce. Texas allows both fault and no-fault grounds. Most people choose “insupportability,” which means the marriage cannot continue due to conflict or discord.
Serving Your Spouse
After filing, you must legally notify your spouse. The process server or sheriff delivers the petition and citation to your spouse. This step protects your spouse’s right to respond. If your spouse agrees, they can sign a Waiver of Service instead of formal delivery. Once your spouse receives the petition, they have about 20 days to file an answer.
Temporary Orders
Many divorces involve temporary issues such as child custody, child support, or use of property. If needed, you can request a hearing for temporary orders. The judge can decide who lives in the marital home, who pays bills, and how parents will share time with children during the divorce. These orders remain in place until the court issues a final decree.
Gathering Information and Documents
Divorce often requires a close look at finances and property. Both spouses usually provide documents such as tax returns, pay stubs, bank statements, and mortgage records. This process, called discovery, helps the court and attorneys understand the marital estate. Accurate records strengthen your position and support fair division of property and debts.
Addressing Property Division
Texas follows community property rules. Property gained during the marriage usually belongs to both spouses, while property owned before marriage or received as a gift or inheritance often counts as separate property. Courts divide community property in a manner they consider “just and right.” That division may not always mean a perfect split. Keep detailed records to show what qualifies as separate property.
Child Custody and Support
Parents must also address child-related issues. Texas calls custody “conservatorship.” Courts assume joint managing conservatorship benefits the child unless proven otherwise. This arrangement usually allows both parents to share decision-making. The court also establishes a possession schedule that outlines when each parent spends time with the child.
Child support typically follows state guidelines, based on the paying parent’s net resources and number of children. The judge may adjust support in unique cases, but the formula gives most families a clear starting point.
Mediation and Settlement
Many courts encourage or require mediation before trial. Mediation allows both spouses to work with a neutral mediator to reach agreements. Settling through mediation often saves time, money, and emotional stress. If you reach a settlement, the mediator prepares a written agreement for the judge to approve. This agreement then becomes part of the final divorce decree.
Preparing for Trial
If you and your spouse cannot settle all issues, the case moves to trial. Each side presents evidence and witnesses, and the judge makes final decisions. A trial can last hours or days, depending on the complexity of the case. Because trial often costs more and involves less control, most people try to settle before reaching this stage.
Waiting Period and Timeline
Texas law requires a 60-day waiting period between the date you file and the date the court can finalize the divorce. In rare cases involving family violence, the court may waive the waiting period. Although the law sets 60 days as the minimum, many divorces take longer due to disputes, discovery, and court scheduling.
Finalizing the Divorce
The divorce ends when the judge signs the Final Decree of Divorce. This document outlines the property division, child custody, child support, and any spousal maintenance. Both parties and their attorneys usually sign the decree before presenting it to the judge. Once signed, the decree has full legal force, and the marriage legally ends.
Tips for Starting the Process Smoothly
You can take practical steps to make the start of your divorce less stressful.
- Stay organized: Keep a folder with all court papers, financial documents, and correspondence.
- Stay informed: Read court notices and deadlines carefully. Missing a deadline can harm your case.
- Seek legal advice: Even in simple cases, a consultation with a family law attorney gives you guidance and helps you avoid mistakes.
- Protect your children’s well-being: Focus on cooperation and stability for your children throughout the process.
Common Mistakes to Avoid
People often make errors that slow down or complicate their divorce. Avoid these common pitfalls:
- Failing to meet residency requirements before filing.
- Ignoring deadlines for responses or discovery.
- Hiding assets or refusing to provide financial information.
- Allowing emotions to drive decisions instead of focusing on long-term outcomes.
Staying mindful of these mistakes keeps your case moving forward.
Do You Need a Lawyer?
Texas allows you to represent yourself, but divorce laws and court rules can feel overwhelming. A lawyer helps explain your rights, prepare your documents, and represent you in hearings. Even if you want to handle your case alone, consulting an attorney before filing gives you valuable direction.
Conclusion
Starting a divorce in Texas involves specific steps, but you can handle the process with the right preparation. You must meet residency requirements, file the petition, serve your spouse, and address temporary and permanent issues such as property division and child custody. Mediation and settlement often provide faster solutions, while trial serves as the final step if no agreement is possible. By staying organized and informed, you give yourself the best chance to move through the process with confidence and clarity.
Texas Divorce FAQ
The first step to file for divorce in Texas is ensuring you meet the residency requirements. You or your spouse must have lived in Texas for at least six months and in the county where you plan to file for at least 90 days. Once residency is confirmed, you must file an Original Petition for Divorce with the district court.
The filing fees for a divorce in Texas typically range from $250 to $400, depending on the county. Additional costs may include attorney fees, mediation, and court-related expenses. If you cannot afford the fees, you may request a fee waiver by filing a Statement of Inability to Afford Court Costs.
Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. However, contested divorces involving child custody, property disputes, or disagreements can take several months or even years to resolve.
The 10-year rule in Texas divorce law refers to eligibility for spousal maintenance (alimony). If a marriage lasts at least 10 years and one spouse lacks sufficient income to meet their minimum reasonable needs, they may be eligible for spousal support.
During a divorce in Texas, avoid making major financial changes, hiding assets, ignoring court orders, badmouthing your spouse in front of children, and violating temporary restraining orders. These actions can negatively impact your case and delay the process.
No, Texas follows community property laws, meaning marital assets are divided in a ‘just and right’ manner. While division is often close to 50/50, factors such as fault in the divorce, income disparity, and contributions to the marriage can affect the final settlement.
Yes, if both parties agree on all terms of the divorce, including property division and child custody, the process can be handled through an uncontested divorce. In many cases, only one spouse may need to appear for a brief final hearing.
An uncontested divorce in Texas costs between $300 and $500, covering filing fees and minor court expenses. If an attorney is involved, the cost may range from $1,500 to $3,500, depending on the complexity of the case.
Yes, online divorce services are legitimate in Texas for uncontested divorces. Many online platforms provide legally approved forms and filing assistance, but it is advisable to consult an attorney to ensure compliance with state laws.
