
The house is quiet after the kids go to bed. You are standing in the kitchen, staring at the same unopened mail, wondering how you got here. You are not just thinking about court dates or paperwork. You are thinking about where everyone will live, how holidays will look, and whether life will ever feel steady again. What to Expect During Texas Divorce is a question that usually begins in moments exactly like this — private, heavy, and uncertain.
At The Law Office of Bryan Fagan, PLLC, we understand that divorce is not simply a legal event. It is a life transition that affects your home, your finances, your children, and your sense of security. Led by Bryan Joseph Fagan, a South Texas College of Law graduate and recognized authority on Texas divorce and custody law, our Houston-based firm has guided families through these transitions for more than a decade. Texas Family Code §6.702 establishes a mandatory 60-day waiting period. Section §153.002 requires courts to decide custody issues based on the best interest of the child. These statutes may seem technical, but they shape the structure of your future.
In our experience, most people do not fear the law itself. They fear the unknown. Will I lose my home? How will property be divided? What happens if we disagree about the children? What if my spouse makes this harder than it needs to be? These are not abstract legal questions. They are real concerns voiced in consultation rooms every single week.
Our mission is to empower people to reclaim freedom and peace of mind during life’s hardest transitions. We do that through compassionate counsel, education, and innovative legal solutions that simplify complexity. Divorce can feel chaotic, but the legal process in Texas is structured and predictable. When you understand the stages — filing, temporary orders, discovery, mediation, and final decree — uncertainty begins to give way to clarity.
In this article, you will learn what actually happens during a Texas divorce, how courts approach custody and property division, what strategic decisions matter early on, and how experienced legal guidance can protect what matters most. More importantly, you will see that while divorce changes your path, it does not have to define your future. Let’s walk through what to expect — step by step — so you can move forward with confidence instead of fear.
Key Takeaways
- Texas law requires a mandatory 60-day waiting period before any divorce can be finalized, regardless of whether both spouses agree on all terms
- The divorce process follows predictable stages: filing, temporary orders, discovery, settlement or trial, and final decree
- Most Texas divorces resolve through mediation or negotiation, with relatively few cases proceeding to trial
- Emotional preparation—building support systems and setting realistic expectations—reduces anxiety throughout the process
- Working with a skilled attorney protects your long-term interests and prevents costly procedural mistakes
What to Expect During Texas Divorce: The Big Picture
Understanding What to Expect During Texas Divorce begins with recognizing that Texas law provides a clear, structured roadmap for ending a marriage. Under Texas Family Code §6.702, a divorce cannot be finalized until at least 60 days have passed from the date the Original Petition for Divorce is filed, with limited exceptions such as cases involving family violence. From filing to final decree, most divorces take anywhere from two months to a year or more, depending on the level of conflict, the complexity of assets, and whether children are involved. The process formally begins when one spouse files the petition in district court and concludes when a judge signs the Final Decree of Divorce, which legally dissolves the marriage and outlines enforceable rights and obligations under Texas Family Code Chapters 7 (property division) and 153 (conservatorship and possession).
The stages of a Texas divorce typically include service of process, the mandatory waiting period, temporary orders, discovery, negotiation or mediation, and—if necessary—trial. Temporary orders often shape the day-to-day reality of a family while the case is pending, addressing issues such as custody, child support, spousal support, and use of the marital home. For a deeper look at how these hearings work and why they matter, review our detailed guide on temporary orders in Texas divorce. In practice, most cases resolve through mediation rather than trial, consistent with Texas courts’ strong preference for negotiated settlements when possible. When spouses reach agreement early, they typically reduce costs, shorten timelines, and maintain greater control over the outcome.
Uncontested divorces—where both parties agree on conservatorship under Texas Family Code §153.002, property division, and financial obligations—can often finalize shortly after the 60-day waiting period expires. However, even amicable cases may take several months due to court scheduling and document preparation. Contested divorces involving disputes over child custody, complex community property under Texas Family Code §3.002, business interests, or eligibility for spousal maintenance under Chapter 8 often extend six months to a year or longer. Recent updates to the Texas Family Code, including adjustments to the child support cap on net monthly resources, further highlight the importance of working with experienced counsel who stays current with legislative changes.
The Houston divorce attorneys at Bryan Fagan’s firm believe that clarity reduces anxiety. Divorce may feel overwhelming, but it is not chaotic when guided properly. By understanding the statutory framework and preparing strategically, families can move through each stage with greater confidence. If you would like a comprehensive overview of timelines, custody considerations, and property division, explore our full resource on What to Expect During Texas Divorce to better understand how the process unfolds and how to protect what matters most.

Step 1: Filing for Divorce in Texas
Understanding What to Expect During Texas Divorce begins with filing the Original Petition for Divorce, the document that formally opens your case and starts the legal timeline. Under Texas Family Code §6.301, at least one spouse must have lived in Texas for six continuous months before filing and in the county of filing for at least 90 days. These residency requirements establish the court’s authority to hear your case. The Houston divorce attorneys at The Law Office of Bryan Fagan, PLLC ensure these jurisdictional elements are satisfied from the outset so your case proceeds without avoidable delays.
The Original Petition does more than announce the end of a marriage—it sets the strategic foundation of your case. Texas Family Code Chapter 6 outlines both no-fault and fault-based grounds for divorce, including insupportability (§6.001), adultery (§6.003), cruelty (§6.002), abandonment (§6.005), felony conviction (§6.004), and confinement in a mental hospital (§6.007). The petition also states your requests regarding conservatorship and possession under Chapter 153, property division under Chapter 7, child support under Chapter 154, and, if appropriate, spousal maintenance under Chapter 8. Because Texas courts divide community property in a “just and right” manner rather than automatically equally, how relief is framed in the petition can influence negotiation leverage and courtroom positioning.
After filing, Texas procedure requires proper service of process so the other spouse receives formal notice of the lawsuit. The responding spouse typically has until the Monday following 20 days after service to file an answer under the Texas Rules of Civil Procedure. In uncontested cases, a waiver of service can simplify the process. In contested matters, courts often schedule temporary orders hearings shortly after filing to address immediate issues such as custody, child support, and use of the marital home. For a comprehensive explanation of how these early hearings can shape your case, review our article on Texas Divorce Temporary Orders.
Recent updates to the Texas Family Code—including increases to the statutory cap used in child support calculations—highlight the importance of filing with accurate financial documentation and a clear strategy. If you want to better understand how support may be determined once your case is filed, our Texas Child Support Resource provides additional clarity.
Filing for divorce is both a legal milestone and an emotional turning point. At Bryan Fagan’s firm, we focus on educating families and protecting futures by combining precise statutory knowledge with compassionate guidance. When the first step in your divorce is handled thoughtfully and strategically, you are better positioned for stability, clarity, and confidence as the process moves forward.
The Mandatory 60-Day Waiting Period
Under Texas Family Code §6.702, no divorce can be finalized until at least 60 days have passed from the date the Original Petition for Divorce was filed with the court. This waiting period applies to all divorces—contested and uncontested alike.
The Texas Legislature established this waiting period as a cooling-off period, providing time for reflection and potential reconciliation. A judge cannot waive this requirement simply because both parties want a faster resolution. However, Texas law provides limited exceptions: courts may shorten or waive the waiting period in cases involving family violence or when a protective order is already in place.
During these 60 days, productive work continues. Parties gather financial documentation, exchange required disclosures about assets and debts, attend temporary orders hearings if needed, and work toward resolving disputed issues. Rather than viewing this period as wasted time, treat it as essential preparation time that positions you for the smoothest possible finalization.
Temporary Orders Stage
Temporary orders hearings occur early in the divorce process to address urgent matters that cannot wait until final decisions are made. These court orders govern arrangements during the pendency of your divorce—the period between filing and finalization.
Issues addressed at temporary orders hearings include temporary custody arrangements for children, possession schedules, child support, spousal support during the case, exclusive use of the marital home, payment of household bills and debts, and temporary restraining orders preventing asset dissipation or harmful conduct.
Temporary orders significantly impact daily life during divorce proceedings. They establish where children live, which parent makes decisions, who stays in the family home, and how finances are managed. These orders remain in effect until the court enters final orders or the parties reach a divorce agreement that supersedes them.
The precedent established by temporary orders often influences final outcomes. Courts and parties frequently look to how arrangements worked during the temporary period when crafting final decisions.
Child Custody Expectations
When families begin learning What to Expect During Texas Divorce, custody is often the most personal and emotionally significant concern. Texas courts decide conservatorship and possession issues under Texas Family Code §153.002, which requires judges to act in the “best interest of the child.” This standard prioritizes a child’s safety, emotional development, stability, and long-term well-being. Courts evaluate which parent can provide consistency, support the child’s relationship with the other parent, and meet day-to-day needs. At The Law Office of Bryan Fagan, PLLC, we guide parents through this process with clarity and compassion, helping them understand how the law applies to their specific family circumstances.
Texas refers to custody as “conservatorship.” Under Texas Family Code §§153.131 and 153.134, courts often appoint parents as Joint Managing Conservators, meaning both share major decision-making rights related to education, healthcare, and psychological care. However, joint conservatorship does not automatically mean equal possession time. One parent is typically granted the exclusive right to designate the child’s primary residence, often subject to a geographic restriction. In higher-conflict or safety-related cases, a Sole Managing Conservator may be appointed. Temporary orders frequently establish these arrangements early in the case and can influence the final outcome. For a deeper explanation of how judges evaluate these early decisions, review our guide on What to Expect in a Texas Temporary Orders Hearing, which expands on the strategic importance of these proceedings.
Possession schedules generally follow the Standard Possession Order set out in Texas Family Code §153.312. This schedule outlines weekend, holiday, and summer parenting time and serves as the presumptive baseline in many cases. Courts may modify the schedule depending on a child’s age, parental work schedules, distance between homes, or other relevant circumstances. Recent updates to the Texas Family Code continue to reinforce flexibility while maintaining a strong focus on child-centered arrangements, particularly in cases where parents live more than 100 miles apart. The Houston family law team at Bryan Fagan’s office works closely with parents to create realistic schedules that promote stability and minimize disruption.
Child support is governed by Texas Family Code Chapter 154 and calculated using statutory percentages applied to the obligor’s net monthly resources. Importantly, recent legislative changes increased the cap on net monthly resources used in guideline calculations, which significantly impacts higher-income families. Courts also address medical support requirements, including health insurance coverage and the allocation of uninsured medical expenses. For a comprehensive explanation of how support is calculated and enforced, explore our Texas Child Support Resource.
At our Houston-based firm, we remain committed to educating families and protecting futures. Custody and child support decisions affect far more than legal paperwork—they shape the structure of your child’s daily life. By combining up-to-date knowledge of the Texas Family Code with practical courtroom experience and compassionate client communication, our attorneys help families navigate conservatorship issues with confidence, stability, and a clear path forward.

Property Division Expectations
Texas is a community property state, meaning property acquired during the marriage presumptively belongs equally to both spouses. Texas Family Code Chapter 7 requires courts to divide community property in a “just and right” manner, considering the parties’ circumstances—which does not necessarily mean exactly equal division.
Understanding the distinction between community property and separate property is essential. Community property includes most assets and debts acquired during the marriage regardless of whose name appears on the title. Separate property includes assets owned before marriage, gifts received by one spouse, inheritances, and certain personal injury settlements.
Dividing assets like retirement accounts requires specialized court orders called Qualified Domestic Relations Orders (QDROs). These orders direct retirement plan administrators to divide benefits between spouses without triggering early withdrawal penalties or tax consequences that would otherwise apply.
Critically, property and debt division agreements in Texas can generally not be modified after they are finalized. Unlike child support orders, which can be modified based on changed circumstances, property division is final. This finality makes careful negotiation and thorough documentation essential.
Mediation and Settlement
Most Texas divorces resolve through mediation rather than trial. Texas courts often require or strongly encourage mediation before permitting parties to proceed to trial on contested issues.
Mediation involves a neutral third-party mediator who facilitates negotiation between the parties. Unlike a judge, the mediator does not decide outcomes—instead, the mediator helps parties communicate, identify interests, explore options, and reach mutual agreement. Mediation sessions may last several hours or span multiple sessions depending on the complexity of issues.
When parties reach agreement through mediation, they sign a Mediated Settlement Agreement (MSA). Under Texas law, a properly executed MSA is binding and enforceable. The agreement becomes the foundation for the Final Decree of Divorce that the court will enter.
Settlement offers significant advantages over trial. Parties maintain control over outcomes rather than leaving decisions to a judge. Settlement typically costs less than trial. The process moves faster. And settling often reduces emotional escalation, preserving co-parenting relationships that must continue long after divorce.
Trial (If Necessary)
When parties cannot reach agreement through negotiation or mediation, trial becomes necessary. At trial, a judge hears evidence and arguments from both sides and makes final decisions on all contested issues.
Texas family law trials are heard by judges rather than juries in most circumstances. The judge determines custody arrangements, property division, child support, and spousal support based on the evidence presented.
Trial adds significant time and expense to the divorce process. Preparation requires extensive discovery, potential expert witnesses, and substantial attorney time. Trials themselves may last hours or days depending on the issues involved. After trial, parties must wait for the judge to issue rulings.
While trials are uncommon—most cases settle—they remain necessary when spouses cannot agree on key issues and mediation fails to produce resolution.
Final Decree of Divorce
Understanding What to Expect During Texas Divorce means knowing that the Final Decree of Divorce is the document that legally ends your marriage and defines your rights and responsibilities moving forward. This decree incorporates all court orders and agreements related to property division under Texas Family Code Chapter 7, conservatorship and possession under Chapter 153, child support under Chapter 154, and spousal maintenance under Chapter 8. It is not simply paperwork—it is a binding court order that governs finances, parenting arrangements, and enforcement rights long after the divorce is finalized. The Houston divorce attorneys at Bryan Fagan’s firm carefully review every provision to ensure it accurately reflects negotiated terms and complies with the latest updates to the Texas Family Code, including current child support caps and medical support requirements.
Before the judge can sign the decree, Texas law requires compliance with the mandatory waiting period under Texas Family Code §6.702, which generally prohibits finalizing a divorce until at least 60 days have passed from filing. In most cases, at least one spouse must attend a short prove-up hearing where the court confirms jurisdiction, verifies that statutory requirements have been met, and ensures the agreement is voluntary and in the best interest of any children involved. For a helpful overview of what happens in court and how to prepare, review our guide on What to Expect at Your First Divorce Hearing in Texas, which provides practical insight into the courtroom process and expectations.
Once the judge signs the Final Decree of Divorce, your marriage is legally dissolved. However, the legal responsibilities outlined in the decree are just beginning. Courts retain continuing jurisdiction to enforce child support and conservatorship provisions, and failure to comply can result in enforcement actions or contempt proceedings under Texas law. Because property division is generally final and not subject to modification, precision at this stage is critical. For additional guidance on protecting your rights after divorce, you may find our resource on enforcing Texas family court orders especially helpful.
The legal team at The Law Office of Bryan Fagan, PLLC encourages clients to obtain multiple certified copies of their Final Decree of Divorce. These certified copies are often required for updating financial accounts, transferring title to real property, changing beneficiary designations, completing name changes, and addressing other administrative matters. Divorce may mark the end of one chapter, but with thoughtful planning and experienced legal guidance, it can also mark the beginning of a more secure and stable future. By combining statutory precision with compassionate support, our firm remains committed to educating families and protecting futures throughout every stage of the Texas divorce process.

Emotional Realities of Texas Divorce
Divorce involves significant emotional adjustment alongside the legal process. Common emotional stages include denial, anger, bargaining, depression, and acceptance—though these stages rarely follow a linear progression.
Children also experience emotional impacts. The best interest of the child standard and structured possession schedules aim to maintain stability and preserve children’s relationships with both parents. Open, age-appropriate communication with children about changes helps them adjust.
Building support systems matters enormously. This may include trusted friends and family, professional counseling, support groups, and other resources. Your attorney handles the legal aspects, but emotional processing requires its own attention and care.
Preparation reduces anxiety substantially. When you understand what lies ahead, fear of the unknown diminishes. Knowledge creates agency.
Financial Expectations During Divorce
Understanding the financial aspects of divorce helps you plan appropriately. Attorney fees vary based on whether your divorce is contested or uncontested, the complexity of issues involved, and the attorney’s experience level and hourly rate. Many experienced Texas divorce attorneys charge between $200 and $400 or more per hour.
Court costs include the filing fee, which varies by county but typically ranges from $200 to $400, plus costs for service of process, certified copies, and other administrative matters. Mediation costs vary depending on the mediator’s rates and the length of sessions, typically ranging from $1,000 to $5,000 or more.
Post-divorce, both parties typically experience financial adjustments. These include changes in household income, housing costs, insurance premiums, tax filing status, and budgeting requirements. Planning for these adjustments during the divorce process helps you transition more smoothly.
Common Surprises During Texas Divorce
Several aspects of divorce commonly surprise people who have not been through the process before.
Temporary financial restrictions catch many parties off guard. Temporary orders often restrict parties’ ability to use joint accounts, incur new debts, or transfer property without court approval.
Court scheduling delays extend timelines beyond initial expectations. Even uncontested divorces may take longer than the theoretical 60-day minimum due to crowded court calendars.
Emotional escalation transforms some initially cooperative divorces into contested battles. Issues that seemed manageable initially can become contentious as the process unfolds.
Discovery requirements demand substantial document production. Parties must disclose comprehensive financial information including bank statements, investment accounts, retirement accounts, tax returns, and debt documentation.
Enforcement issues may arise after divorce. If one spouse fails to comply with court orders, enforcement proceedings may become necessary.
How to Prepare for What to Expect During Texas Divorce
Preparing early is one of the most powerful ways to take control of What to Expect During Texas Divorce. Divorce in Texas follows a structured legal framework, but the outcome often depends on how organized and proactive you are at the beginning. Start by gathering complete financial records, including bank statements, retirement account summaries, mortgage documents, vehicle titles, business records, insurance policies, and several years of tax returns. Texas is a community property state under Texas Family Code §3.002, meaning most property acquired during the marriage is presumed to belong to both spouses. Clear documentation helps distinguish community property from separate property under §3.001 and strengthens your position during negotiations or trial.
Organizing a comprehensive inventory of assets and debts is equally important. Texas Family Code Chapter 7 requires courts to divide community property in a “just and right” manner, which does not always mean equal. Accurate records of account balances, liabilities, and valuations can prevent misunderstandings and protect against unfair outcomes. If children are involved, preparation should also include thoughtful consideration of conservatorship and possession arrangements consistent with Texas Family Code §153.002, which prioritizes the best interest of the child. Developing a stable and realistic parenting proposal demonstrates responsibility and forward thinking.
Communication during divorce can be challenging, particularly in high-conflict situations. While Texas courts encourage resolution through mediation, some spouses may escalate conflict or attempt to manipulate the process. If you anticipate difficult behavior from your spouse, our article on anticipating what your narcissist spouse will do provides practical insight into recognizing patterns and responding strategically rather than emotionally. Maintaining professionalism in written communication and avoiding reactive decisions can significantly influence temporary orders and final outcomes.
It is also important to understand how recent updates to the Texas Family Code may affect your case, including changes to child support calculations under Chapter 154 and adjustments to the statutory cap on net monthly resources. Reviewing a reliable resource such as our Texas Child Support Resource can provide additional clarity about how support obligations are calculated and enforced.
Above all, seek experienced legal counsel early in the process. The Houston divorce attorneys at Bryan Fagan’s firm focus on educating families and protecting futures by helping clients understand their rights, anticipate potential obstacles, and develop a strategic plan tailored to their goals. Divorce can feel overwhelming, but thoughtful preparation combined with knowledgeable guidance transforms uncertainty into direction. By approaching each stage deliberately and with the right support, you position yourself for a more stable and confident transition into the next chapter of your life.

How a Texas Divorce Attorney Guides You Through the Process
Understanding What to Expect During Texas Divorce becomes far less overwhelming when you have experienced legal guidance at every stage of the process. Texas divorce is governed by specific procedural and substantive rules, including residency requirements under Texas Family Code §6.301, the mandatory 60-day waiting period under §6.702, and property division standards in Chapter 7. An experienced attorney ensures petitions are properly filed, deadlines are met, and procedural requirements are satisfied so your case moves forward without unnecessary delay. Even small errors—such as incomplete financial disclosures or improperly drafted agreements—can cause setbacks that increase both time and expense.
The Houston family law team at Bryan Fagan’s office also helps clients avoid mistakes involving community and separate property classifications under Texas Family Code §§3.001–3.002, conservatorship determinations under Chapter 153, and child support calculations under Chapter 154. Temporary orders hearings are especially critical because they often establish the status quo while the case is pending. Courts frequently rely on that temporary framework when crafting final rulings. For deeper insight into why early decisions matter so much, review our article on why temporary orders matter in Texas divorce cases, which explains how temporary conservatorship, possession, and financial arrangements can shape the direction of your case.
Strategic negotiation is another area where knowledgeable representation provides a measurable advantage. Divorce outcomes often depend on understanding leverage points related to custody, property division, and spousal maintenance under Texas Family Code Chapter 8. Recent legislative updates—including increases to the child support guideline cap on net monthly resources—make it even more important to work with counsel who remains current with statutory changes. For a comprehensive explanation of how support is calculated and enforced, you may find our Texas Child Support Resource helpful.
Beyond legal mechanics, effective representation brings clarity during a deeply emotional time. The attorneys at The Law Office of Bryan Fagan, PLLC focus on educating families and protecting futures by explaining each step in plain language and preparing clients for what lies ahead. When you understand your rights, your responsibilities, and realistic expectations for court outcomes, uncertainty begins to give way to confidence. With experienced guidance and a steady strategy, you can navigate the divorce process with greater stability and a clearer path toward the next chapter of your life.
Why Choose The Law Office of Bryan Fagan, PLLC
When families begin researching What to Expect During Texas Divorce, they deserve guidance rooted in experience, accuracy, and compassion. The attorneys at The Law Office of Bryan Fagan, PLLC bring extensive knowledge of Texas family law to every case, representing clients across district courts throughout the state. Divorce proceedings are governed by detailed statutory provisions, including residency requirements under Texas Family Code §6.301, the mandatory 60-day waiting period under §6.702, property division standards in Chapter 7, conservatorship rules in Chapter 153, and child support guidelines in Chapter 154. Our legal team remains current with legislative updates, including recent adjustments to the statutory cap used in child support calculations, so clients receive advice based on the most up-to-date Texas law.
At Bryan Fagan’s firm, compassionate advocacy is paired with strategic planning. Divorce is both a legal matter and a deeply personal transition affecting your children, finances, and long-term stability. Clear communication is a priority, ensuring you understand not only what is happening in your case but why each step matters. From temporary orders to mediation or trial, every phase is approached with careful preparation and efficiency. For a comprehensive overview of each stage involved in ending a marriage in Texas, review our guide on the divorce process in Texas.
Our Houston-based divorce attorneys combine statewide perspective with practical local court experience. Whether addressing conservatorship decisions under Texas Family Code §153.002 or negotiating a “just and right” division of community property under Chapter 7, we approach each case with steady leadership and detailed preparation. To better understand how support obligations are calculated and enforced, you may also explore our Texas Child Support Resource, which explains the current statutory framework in plain language.
Above all, our mission remains consistent: educating families and protecting futures. By blending legal precision with empathetic counsel, The Law Office of Bryan Fagan, PLLC helps clients move forward with clarity, confidence, and a structured plan for the next chapter of their lives.
Checklist: What to Expect During Texas Divorce
- Gather financial documents: bank statements, tax returns, retirement account statements, mortgage documents, vehicle titles, insurance policies
- Create a comprehensive list of marital assets and debts acquired during your marriage
- Understand the timeline: expect at least 60 days minimum, often several months or longer
- Establish a support system including trusted friends, family, or professional counselors
- Research and select experienced legal representation early in the process
- Think through children’s needs and practical custody arrangements
- Plan for post-divorce financial adjustments including housing, insurance, and budgeting
- Maintain respectful communication with your spouse when possible
Conclusion
Divorce may not be something you ever planned for, but clarity is something you can choose. When you understand what to expect during Texas divorce, the fear of the unknown starts to lose its grip. The legal process has structure. The courts follow established standards. And with the right preparation, you can make thoughtful decisions that protect your children, your finances, and your peace of mind.
At The Law Office of Bryan Fagan, PLLC, we believe knowledge creates confidence. Whether you are just beginning to consider divorce or you are already in the middle of it, having experienced guidance can make the difference between reacting emotionally and responding strategically. An experienced Texas Family Law Attorney can help you avoid costly mistakes, anticipate challenges before they escalate, and build a plan that reflects your long-term goals — not just short-term stress.
If you are ready for clarity about your specific situation, we invite you to schedule a consultation with our team. Ask your questions. Share your concerns. Let’s talk through what your next steps should look like. Even one informed conversation can replace uncertainty with direction.
You do not have to have everything figured out today. You just need a starting point. When you are ready, we are here to help you protect what matters most — and move forward with strength, stability, and confidence.
Frequently Asked Questions About Texas Divorce
Before filing for divorce in Texas, you should understand that there is a mandatory 60-day waiting period from the date the petition is filed. You must also meet residency requirements, and most cases involve temporary orders, financial disclosures, and either negotiation or mediation before finalization. It is important to gather documents such as tax returns, bank statements, retirement account information, and debt records early. Just as important is understanding how custody decisions are made under the “best interest of the child” standard in Texas Family Code §153.002. A consultation with an experienced Texas family law attorney can help you avoid early mistakes and develop a clear strategy.
Avoid making emotional decisions that could harm your case. Do not hide assets, drain joint accounts, accumulate unnecessary debt, or violate standing or temporary court orders. Refrain from posting about your divorce on social media or sending hostile messages that could later appear in court. In custody cases, avoid speaking negatively about the other parent in front of your children. Judges often evaluate credibility and cooperation, so maintaining composure and acting strategically is critical.
One of the biggest mistakes during a divorce is reacting emotionally instead of thinking long term. Decisions driven by anger, fear, or pride can lead to unnecessary litigation, higher legal fees, and outcomes that do not serve your future. Failing to understand your financial picture or signing agreements without fully reviewing them can also create lasting consequences. Divorce is a legal process with permanent implications, especially regarding property division and custody, so informed and measured decision-making is essential.
Texas is a community property state, meaning most property acquired during the marriage is presumed to be jointly owned and subject to a “just and right” division by the court. This does not automatically mean a 50/50 split. Courts consider factors such as earning capacity, fault in the breakup of the marriage, separate property claims, and the needs of children. Spousal maintenance may be available in limited situations under Texas Family Code Chapter 8, but it is not automatic. Each case depends on its unique facts.
While not a legal doctrine, many professionals refer to communication, cooperation, and consistency as three guiding principles during divorce. Clear communication reduces misunderstandings. Cooperation, when possible, can shorten the process and reduce costs. Consistency—particularly in parenting and financial behavior—demonstrates stability and credibility before the court. These principles often contribute to more efficient resolutions and healthier post-divorce transitions.
Moving out is not always a mistake, but doing so without a legal plan can create disadvantages. It may affect parenting time, access to financial records, and the status quo a court considers when issuing temporary custody orders. In some cases, moving out is necessary for safety or emotional well-being. However, it is wise to speak with an attorney before leaving the marital home so you understand how it may impact your rights and responsibilities.
Courts often issue standing orders that restrict both parties from draining accounts, transferring property, or making unusual expenditures during the divorce process. Separate property—such as inheritances or gifts received by one spouse—may be protected if it can be clearly traced. Certain retirement accounts may have creditor protections, but that does not automatically prevent division in divorce. Whether funds can be accessed or divided depends on classification, tracing, and court orders.
Rule 11 refers to Texas Rule of Civil Procedure 11, which governs certain written agreements between parties in a lawsuit. In divorce cases, a Rule 11 agreement can document temporary arrangements or partial settlements. To be enforceable, it generally must be in writing, signed, and filed with the court, or made in open court and entered into the record. Because Rule 11 agreements can significantly affect your case, they should be reviewed carefully before signing.
There is no official legal definition of the “5 A’s,” but many use this framework to describe the emotional and practical stages of divorce: awareness, acceptance, assessment, action, and adjustment. Awareness involves understanding your legal and financial reality. Acceptance acknowledges the transition. Assessment means gathering information and clarifying goals. Action involves taking appropriate legal steps. Adjustment refers to building your new normal after the divorce is finalized. With proper legal guidance, each stage can be navigated with structure and confidence rather than confusion.

