Texas Divorce Guide: Bryan Fagan's Expert Advice for 2025

What You Need to Know About the Final Stages of Texas Divorce Proceedings

Divorce in Texas is a long process that ends with a series of important steps in court. The Final Stages of Texas Divorce Proceedings determine how property is divided, custody is arranged, and support obligations are set. These moments often bring relief but can also raise new questions if you do not know what to expect. Understanding what happens during this phase helps you prepare for the hearing, review the divorce decree, and manage the changes that follow.

The Final Hearing

Most Texas divorces conclude with a final hearing in front of a judge. Even if both parties have agreed on terms, the court requires a short hearing to review the settlement. During this stage, one party, usually the petitioner, presents testimony to confirm the agreement meets Texas legal standards.

The judge will ask questions about property division, child custody, and support. If everything checks out, the judge signs the divorce decree. If disagreements remain, the judge will listen to evidence and issue a ruling. This hearing is typically brief in uncontested cases but can take longer if disputes continue.

What Judges Review in the Final Hearing

Proof that the marriage is irretrievably broken
Evidence that property and debts have been fairly divided
Testimony supporting custody and visitation plans that serve the child’s best interests
Confirmation of child support and medical coverage arrangements

The court wants to verify that the settlement or decision aligns with Texas Family Code requirements and protects all parties, especially children.

The Divorce Decree

The divorce decree is the official court order that ends the marriage. It is more than a piece of paper. It outlines your legal rights and obligations going forward. This document specifies how property is divided, what happens with debts, custody schedules, support payments, and any other terms unique to your case.

Once the judge signs the decree, you are legally divorced. It is important to keep several certified copies of this document since banks, retirement plan administrators, and other agencies often require proof of the divorce.

Division of Property and Debt

One of the most important aspects of the final stages involves the division of community property. Texas is a community property state, which means assets and debts acquired during the marriage belong to both spouses. The final decree divides these assets and liabilities in a way the court considers just and right.

Common Property Division Issues

Real estate: Deciding who keeps the family home or how it will be sold
Retirement accounts: Splitting pensions or 401(k)s, often through a Qualified Domestic Relations Order (QDRO)
Business interests: Determining value and ownership of companies or partnerships
Debts: Allocating responsibility for mortgages, credit cards, and personal loans

Couples often need to update titles, deeds, or account records after the decree to reflect ownership changes.

Child Custody and Support

If children are involved, custody and support take center stage in the final stages. Texas courts use the term “conservatorship” instead of custody, but the idea is the same. Parents must have a parenting plan that addresses where the child will live, visitation schedules, and decision-making authority.

Child support is also finalized during this time. Texas calculates support based on the paying parent’s income and the number of children. Medical insurance coverage and out-of-pocket medical expenses are also included in the order.

The final decree lays out the terms in detail so both parents know exactly what is expected. Failure to comply with these terms can result in enforcement actions by the court.

Spousal Maintenance

Spousal maintenance, sometimes referred to as alimony, may also be ordered. Not every case qualifies, but Texas law allows maintenance under specific circumstances, such as when one spouse cannot meet basic needs due to disability or long-term absence from the workforce.

The final decree will state how much is paid, how often, and for how long. Spousal maintenance is usually limited in duration unless the spouse cannot support themselves due to severe disability.

Post-Divorce Financial Steps

After the final decree, financial tasks remain. Updating legal and financial documents helps you avoid future problems.

Steps to Take After the Divorce Decree

Update beneficiaries on life insurance and retirement accounts
Change titles on vehicles and deeds on property awarded in the decree
Close joint accounts and open individual ones
Adjust tax withholdings and consult with a tax professional about filing status
Create a new budget based on post-divorce income and expenses

These steps help protect your credit and ensure compliance with the court’s orders.

Enforcement of the Decree

Even after the divorce is finalized, disputes may arise if one party fails to follow the decree. For example, if your former spouse does not pay child support or refuses to transfer property as ordered, you can file an enforcement action in court.

Texas courts take enforcement seriously. Penalties for noncompliance include fines, wage garnishment, seizure of property, and even jail time in extreme cases. Having a clear decree reduces disputes, but enforcement remains an option when compliance becomes an issue.

Modification of Orders

Life changes after divorce, and sometimes the original terms no longer work. Texas law allows modifications of custody, visitation, and child support under certain conditions. For example, if one parent relocates for work or loses a job, a modification may be necessary.

To modify an order, you must file a request with the court and show that a material and substantial change has occurred since the original decree. This process does not reopen property division but focuses on child-related matters or ongoing support.

Preparing for the End of the Process

Understanding the final stages of divorce helps you prepare mentally and practically. Divorce is not just about ending a marriage, it is about creating a workable future. Taking the time to gather documents, ask questions, and follow through with post-divorce steps reduces stress.

Key Takeaways

The final hearing confirms the settlement or resolves disputes
The divorce decree makes the divorce official and sets enforceable terms
Property, custody, support, and financial obligations are finalized in the decree
Post-divorce steps such as updating accounts and records protect your interests
Enforcement and modification remain available if circumstances change

Conclusion

The final stages of Texas divorce proceedings mark the legal end of marriage, but they also set the foundation for your next chapter. Understanding what happens in the last steps allows you to move forward with clarity and confidence. By focusing on the decree, property and custody arrangements, and post-divorce tasks, you can protect your rights and start building stability after the process concludes.

FAQs: Texas Divorce Proceedings

What are the steps for a divorce in Texas?

The steps for a divorce in Texas typically include: filing the Original Petition for Divorce, serving the petition to the other spouse, possibly going through temporary orders, completing the discovery phase, negotiating settlements through mediation, and, if necessary, proceeding to trial. The final step is the judge’s issuance of a divorce decree.

What is the 10 year rule in divorce in Texas?

The 10-year rule in Texas pertains to spousal support. After a marriage lasting 10 years or longer, a spouse may qualify for spousal support if they cannot provide for their minimum reasonable needs. However, the amount and duration of support are subject to several factors and judicial discretion.

Can my husband refuse to divorce me in Texas?

In Texas, a husband cannot ultimately refuse to divorce if one spouse insists on divorcing. While he can contest the divorce terms or delay the process, the court can still grant the divorce, moving forward without his agreement if necessary.

How long can a spouse drag out a divorce in Texas?

The duration of a divorce in Texas can extend significantly if one spouse is uncooperative or if there are contentious issues to resolve. While there is a minimum 60-day waiting period, a complex divorce can take a year or more, especially if it goes to trial or involves extensive negotiations.

Texas Divorce Final Steps: Expert Guidance from Bryan Fagan