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Divorce is a legal and emotional process that can feel overwhelming without clear direction. Texas divorce steps follow a specific order, starting with filing the petition and ending with the final decree. Each stage affects your rights, responsibilities, and future. Whether you expect a peaceful agreement or a contested case, knowing what to do and when to do it makes a major difference.
Step 1: Confirm Eligibility to File in Texas
You can’t file for divorce in Texas unless you meet the residency requirements. One spouse must have lived in Texas for at least six months. That same person also must have lived in the county where the divorce is being filed for at least 90 days.
If you or your spouse recently moved, check your timeline before filing. Filing in the wrong place will cause delays or even dismissal of your case.
Step 2: Choose Your Grounds for Divorce
Texas offers both fault and no-fault divorce options. Most people choose “insupportability,” which means the marriage has become unworkable. You don’t need to prove anything, and the court doesn’t assign blame.
Still, fault grounds do exist and may affect property division or spousal support. Grounds include:
- Adultery
- Cruelty
- Abandonment
- Felony conviction
- Living apart for at least three years
- Confinement to a mental hospital
If you choose fault-based grounds, you must be ready to show evidence. It may impact how the judge views the case.
Step 3: File the Petition
The divorce process officially begins when one spouse files an Original Petition for Divorce in district court. This document outlines the grounds, any requests regarding property, debts, custody, or support, and confirms the court’s authority over the case.
The person who files is the Petitioner. The other spouse becomes the Respondent.
Once the petition is filed, the court assigns a case number and sets the timeline in motion.
Step 4: Serve the Other Party
Texas law requires formal notice. That means the Petitioner must serve the Respondent with divorce papers. This can be done by:
- A sheriff or constable
- A private process server
- Service by mail (if the Respondent signs a waiver)
Avoid skipping this step or trying to handle it informally. If the court doesn’t receive proof of service, it can’t move forward with the case.
Step 5: Observe the Waiting Period
Texas requires a 60-day waiting period from the day you file before the divorce can be finalized. The waiting period exists even if both parties agree on all issues.
Exceptions apply in rare cases, such as domestic violence situations where the spouse has a protective order.
Use this time to prepare, gather financial documents, or start mediation if needed.
Step 6: Exchange Information
Both spouses must disclose their finances, assets, debts, and income. This phase is called “discovery.” It may involve:
- Sworn financial statements
- Requests for documents
- Interrogatories (written questions)
- Depositions
Discovery can reveal hidden accounts or debts, and it shapes how the court decides property division and support. Being honest and thorough benefits both parties and speeds up resolution.
Step 7: Make Temporary Arrangements if Needed
Divorce cases can take months to resolve. During that time, temporary orders may become necessary. These are short-term rules that cover things like:
- Who lives in the family home
- Temporary child custody or visitation
- Temporary spousal or child support
- Use of vehicles or payment of bills
Either party can request temporary orders. The court may hold a hearing and issue rulings that last until the final divorce is granted.
Step 8: Resolve Issues Out of Court (If Possible)
Most Texas divorces end through settlement, not trial. Mediation or informal negotiations help couples avoid court battles and maintain control over the outcome.
Common topics for agreement include:
- Property division
- Debt responsibility
- Child custody and visitation
- Support payments
A mediator can guide the discussion, but both parties must compromise. Once a deal is reached, attorneys draft a written agreement for the judge to review.
Step 9: Attend Final Hearing or Trial
If both sides agree on all terms, the court may schedule a short final hearing. The judge reviews the agreement, confirms it follows Texas law, and signs the final decree.
If you don’t agree, the case goes to trial. Each side presents evidence and witnesses. The judge decides unresolved issues, and the ruling becomes the final divorce decree.
Trials can be stressful and expensive. Avoid them if possible, but prepare well if needed.
Step 10: Finalize the Divorce
Once the judge signs the Final Decree of Divorce, your marriage is legally over. The decree explains how everything gets divided and how parenting will work moving forward.
Keep copies of the decree. You’ll need them for things like changing your name, dividing retirement accounts, or modifying support orders in the future.
Special Considerations for Divorce With Children
When children are involved, the court takes a close look at custody, visitation, and support. Texas law favors shared parenting but always puts the child’s best interests first.
Custody arrangements are called conservatorship. There are two types:
- Joint Managing Conservatorship (JMC)
- Sole Managing Conservatorship (SMC)
Most parents share legal rights under JMC. However, the court can award SMC if one parent poses a risk or has a history of abuse.
Child support follows state guidelines, usually based on the non-custodial parent’s income. Courts may adjust amounts for health insurance, education, or special needs.
What If One Spouse Doesn’t Want the Divorce?
Texas doesn’t require mutual consent. One spouse can move forward alone. The court will still hear the case. If the other person doesn’t respond or participate, the judge may grant a default divorce.
Silence or avoidance won’t stop the process.
Post-Divorce Issues to Watch For
Divorce doesn’t always end everything. Some situations call for future legal action.
Modifying Custody or Support
Changes in income, location, or child needs may require updates to custody or support orders. Texas courts allow modifications if the change is substantial and ongoing.
Enforcing Orders
If one spouse doesn’t follow the decree, the other can file a motion to enforce. The court may issue fines, wage garnishments, or even jail time for noncompliance.
Dividing Missed Assets
If one party discovers hidden or omitted property after divorce, the court may reopen the case to divide those assets.
Final Thoughts
Texas divorce follows a structured path, but no two cases are the same. Each decision you make—from filing to final orders—shapes your future. The process requires preparation, patience, and clarity. Whether your divorce is uncontested or high-conflict, knowing what to expect keeps you in control.
If you feel unsure about any step, speak with a family law attorney. Legal advice helps avoid mistakes and protects your rights as you move forward.
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
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Frequently Asked Questions
To start a divorce in Texas, you need to meet the residency requirements, fill out the necessary forms, file them with the court, and serve divorce papers to your spouse.
In Texas, you must be a resident of the state for at least six months and a resident of the county where you file for divorce for at least 90 days.
The time it takes to get a divorce in Texas can vary, but it usually takes a minimum of 60 days from the date of filing. However, the complexity of your case and court availability can impact the timeline.
Yes, you can file divorce papers yourself in Texas. It’s called a pro se divorce. However, many people choose to seek legal counsel to ensure their rights are protected during the process.
