Divorce is often one of life’s most overwhelming challenges, especially when you’re navigating unfamiliar legal terms, strict deadlines, and piles of court paperwork. In Texas, the divorce process comes with its own set of rules—and missing even one step can lead to costly delays or jeopardize your case. This essential guide to the divorce process is designed to simplify the journey, helping you understand each stage clearly so you can make informed decisions with confidence. Whether you’re just beginning or already deep in the process, this guide gives you the direction and support you need to move forward with clarity and control.

The Divorce Process in Texas

Divorce in Texas follows a specific process. It can feel overwhelming at first, especially if you’re not sure where to begin. Texas law lays out clear steps, and understanding them helps you take control of the situation. This guide walks you through what happens during a divorce, what you need to do, and how to protect your interests along the way.

Meeting the Requirements to File for Divorce

You can’t file for divorce in Texas unless you meet the residency rules. Texas law requires that one spouse has lived in the state for at least six months and in the county where you plan to file for at least 90 days. If neither spouse meets these requirements, you must wait until one of you does before filing.

You can file in the county where either spouse lives as long as those residency conditions are met.

Grounds for Divorce in Texas

Texas allows both no-fault and fault-based divorces. Most couples choose the no-fault option, which only requires saying that the marriage can’t continue because of “insupportability.” This means the relationship is broken beyond repair, and there’s no chance of fixing it.

However, fault-based divorces still exist in Texas. You can cite cruelty, adultery, abandonment, felony conviction, or confinement in a mental hospital. These reasons might affect how the court divides property or awards custody. If you plan to list fault, gather strong evidence to support your claims.

Starting the Divorce Process

The divorce begins when one spouse (the petitioner) files an Original Petition for Divorce with the district court in the correct county. Once filed, the other spouse (the respondent) must receive legal notice of the case. You can do this through a process server, sheriff, or by having the spouse sign a Waiver of Service.

After service, the respondent has a deadline to respond. If they don’t answer, the court may grant a default divorce.

Temporary Orders May Apply

During the divorce, the court can issue temporary orders to set rules while the case moves forward. These can include child custody, visitation, financial support, use of property, and protection from harassment. Either spouse can request a temporary hearing to sort out immediate needs.

Temporary orders help keep things organized until the final divorce decree. If you need financial help or want to secure time with your children while waiting for the divorce to finalize, ask the court for temporary relief early in the process.

The Waiting Period

Texas law requires a 60-day waiting period between the date you file and the earliest date the court can finalize the divorce. This rule applies even if both parties agree to all terms. The waiting period gives couples time to reflect on the decision and possibly reconsider.

Exceptions to this rule exist. If one spouse has a protective order against the other due to family violence, the court may waive the waiting period.

Division of Property and Debts

Texas follows community property rules. That means most property and debts acquired during the marriage belong equally to both spouses. The court usually divides them in a way that seems fair and just, not necessarily 50/50.

Separate property belongs to one spouse only and includes:

• Property owned before marriage
• Gifts or inheritances received during the marriage
• Personal injury settlements (except for lost wages or medical costs)

You must prove that property is separate. If you can’t, the court may treat it as community property. Keep financial records, deeds, or titles that show when and how you acquired specific assets.

How the Court Decides What’s Fair

Courts consider several factors to decide how to divide property:

• The earning ability of each spouse
• Fault in the marriage breakup
• Custody of children
• Health and age of each spouse
• Future needs and financial stability

These factors may lead to an unequal but fair distribution of property.

Child Custody and Visitation

In Texas, child custody is called “conservatorship.” The court assumes that joint managing conservatorship is in the child’s best interest unless there’s a strong reason to think otherwise. This means both parents share decision-making.

One parent may still have the right to determine the child’s primary residence, while the other parent usually receives visitation.

Standard Possession Order

Most Texas courts use a Standard Possession Order (SPO) to set visitation. The SPO outlines weekends, holidays, and summer schedules. Parents can agree to a different schedule, but if they don’t, the court often uses the SPO as a default.

Child Support Obligations

The noncustodial parent usually pays child support. Texas uses a formula based on the number of children and the paying parent’s income. For example, one child usually means 20% of the monthly net income, two children mean 25%, and so on.

The court may adjust support if the child has special needs or the parent’s financial situation varies from the norm. Keep in mind that support continues until the child turns 18 or graduates high school, whichever comes later.

Spousal Maintenance in Texas

Spousal maintenance (alimony) isn’t guaranteed. The court only awards it in certain situations. The requesting spouse must show they can’t support themselves and meet one of the following conditions:

• The marriage lasted at least 10 years
• They have a disability that prevents them from working
• They care for a disabled child
• The other spouse was convicted of family violence

The amount and duration of support depend on how long the marriage lasted and the financial situation of both parties.

Reaching a Settlement or Going to Trial

If you and your spouse agree on all terms, you can sign a divorce settlement agreement. This makes the process faster and less expensive. After signing the agreement, you submit it to the judge for approval.

If you don’t agree, your case may go to trial. Each side presents their case, and the judge makes the final decision. Trial can be costly and take months, sometimes longer. Most couples try to settle before it gets to that point.

Mediation is common in Texas divorces. A neutral third party helps both spouses reach agreements without going to court. Many courts require mediation before scheduling a trial.

Finalizing the Divorce

Once the waiting period ends and all issues are resolved, you must appear before the judge to finalize the divorce. In uncontested cases, only one spouse usually attends the final hearing.

The judge signs a Final Decree of Divorce, which becomes the legal document that ends the marriage and outlines all terms. Keep this document for future reference. It includes custody terms, property division, support orders, and anything else the court ruled on.

After the Divorce

Once the divorce becomes final, make updates to your legal and financial records. Here are a few steps you should take:

• Change your name with the Social Security Administration, DMV, and banks if you requested a name change
• Update wills, insurance policies, and retirement accounts
• Close or separate joint bank accounts and credit cards
• Follow up on child support and custody arrangements

Divorce may mark the end of your marriage, but it’s also a legal process that shapes your financial future, parenting rights, and responsibilities. Knowing what to expect and what actions to take helps you move forward with clarity and confidence.

In conclusion, navigating a divorce doesn’t have to leave you feeling lost or overwhelmed—especially when you have the right resources at your fingertips. This essential guide to the divorce process equips you with the knowledge to approach each step with confidence, from filing to final judgment. Understanding your rights, responsibilities, and the specific requirements under Texas law can help you avoid costly mistakes and reduce unnecessary stress. With preparation and the right support, you can take control of your future and move through this transition with clarity and strength.

Divorce in Texas – Frequently Asked Questions

How long will it take to get a divorce in Texas?

At a minimum, Texas law requires a 60-day waiting period after filing before a divorce can be finalized. Uncontested divorces typically take 2-3 months, while contested divorces can last 6 months to over a year, depending on disputes over assets, custody, or court scheduling.

What are the steps of a divorce in Texas?

The steps of a divorce in Texas include: (1) Filing the divorce petition, (2) Serving the other spouse, (3) Observing the 60-day waiting period, (4) Negotiating terms such as custody and asset division, (5) Attending court if necessary, and (6) Finalizing the divorce with a judge’s approval.

What not to do during a divorce in Texas?

During a divorce, avoid hiding assets, ignoring court orders, making large financial transactions, speaking negatively about your spouse in front of children, and making emotional or impulsive decisions that could negatively impact the case.

How to get a divorce in Texas without a lawyer?

To get a divorce in Texas without a lawyer, you must file an uncontested divorce. This involves completing the correct divorce forms, filing them with the county court, serving the other spouse, waiting 60 days, and submitting a Final Decree of Divorce for approval by a judge.

What is a wife entitled to in a divorce in Texas?

A wife is entitled to a fair division of community property, which includes marital assets and debts. Depending on factors like income and marriage length, she may also receive spousal support. If children are involved, she may be entitled to child support and custody arrangements in the child’s best interest.

What happens when one party files for divorce?

When one party files for divorce, the other spouse is served with legal notice and has a set time to respond. The case may proceed as uncontested if both parties agree or contested if there are disagreements on asset division, custody, or support. The court may also issue temporary orders regarding finances and child custody.

How much does a divorce cost in Texas?

The cost of a divorce in Texas varies. A simple uncontested divorce may cost around $300-$500 in filing fees, while a contested divorce with attorneys and court appearances can cost anywhere from $5,000 to $20,000 or more, depending on complexity and disputes.

What is the 10-year rule in divorce in Texas?

The 10-year rule in Texas affects spousal maintenance. If a marriage lasted 10 years or more, a spouse may qualify for court-ordered spousal support if they lack sufficient income or employment opportunities.

Who should file first for divorce in Texas?

Filing first may provide strategic advantages such as choosing the court jurisdiction and setting the initial terms.

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• Discover the Key Stages of the Texas Divorce Process
• An Overview of the Texas Divorce Process
• What to expect during the divorce process
• How could he just throw me away? How to begin the divorce process in Texas
• Common Law Marriage and Texas Divorce Guide
• How to Divorce Fast in Texas: A Quick Guide to Uncontested Divorce
• A Comprehensive Guide to the Divorce Timeline in Texas
• Navigating Filing for Divorce While Transitioning Residency in Texas: A Step-by-Step Guide
• Meeting Residency Requirements for a Texas Divorce: A Practical Guide