Ever tried helping your kid with homework while Googling “how to file for divorce in Texas” with one hand and cooking dinner with the other? If that sounds even remotely familiar, you’re not alone—and you’re in the right place. Families going through big changes often find themselves juggling way more than just court dates and paperwork. That’s why we’re diving into the Texas Divorce FAQs—the real-life, no-fluff questions that matter most when you’re balancing parenting, legal decisions, and figuring out what comes next.

So, what’s the short answer to the big question? Divorce in Texas isn’t just about dividing assets—it’s about navigating custody, protecting your child’s daily routine, and staying sane while doing it. And while the law can feel overwhelming, the right knowledge (and the right attorney) makes a world of difference.

In this article, we’ll walk you through everything from custody schedules to who gets what, when to file, and how to keep your family’s future as intact as possible during the process. You’ll also find practical tips you can apply today, stories from real cases we’ve handled, and the kind of legal insight most people don’t hear until it’s too late.

At The Law Office of Bryan Fagan, PLLC, we’re not just about courtroom wins—we’re about educating families and protecting futures. Stick around, and we’ll show you how to turn one of life’s toughest chapters into a stepping stone toward something better.

Key Takeaways

• The divorce process in Texas involves a minimum waiting period of 60 days, with contested cases potentially extending the duration to 4-12 months, influenced by complexities such as child custody and property division.
• Texas operates under a no-fault divorce system, allowing couples to dissolve their marriage without proving wrongdoing, thereby reducing contention and allowing for a more amicable process.
• Key considerations in Texas divorce include residency requirements, community property distinctions, child custody decisions based on the child’s best interests, and the eligibility for spousal support based on specific criteria.

How Long Does a Divorce Take in Texas?

The amount of time it takes to finalize a divorce in Texas depends on several key factors. According to Texas Family Code § 6.702, there is a mandatory 60-day waiting period from the date the original petition is filed before a divorce can be granted. This rule applies even in uncontested cases and is designed to give couples time to consider reconciliation. The absolute minimum duration for any divorce in Texas is 61 days, but in practice, most divorces take longer.

As our legal professionals have helped many clients understand, the complexity of your case significantly influences the timeline. If both parties agree on terms related to property division, child custody, and support, a divorce may be finalized shortly after the waiting period. But when disagreements arise—particularly over community property or parenting plans—the process typically extends to 4 to 12 months. Contested divorces involving detailed financial disclosures or custody evaluations can take even longer.

The presence of minor children, high-value assets, or business ownership adds additional layers of complexity that can lengthen proceedings. Emotional conflict, lack of cooperation, or courtroom delays also play a role. At The Law Office of Bryan Fagan, PLLC, we’ve seen firsthand how working toward collaborative solutions and using mediation early can significantly reduce how long a case remains open.

For those researching divorce timelines and their impact, our firm’s guide, What Are the Benefits of a Wife Getting Divorced, offers helpful insight into legal strategies and planning considerations, especially when delays are a concern. Additionally, our Texas Divorce FAQs resource provides answers to the most common questions about the process, from initial filing to final decree.

While no two divorces follow the same path, knowing what to expect—and where delays may arise—can help you prepare emotionally, logistically, and legally. If you’re considering filing or are in the middle of a drawn-out case, working with an experienced Texas family law attorney ensures that your rights are protected and your timeline is managed with care and clarity.

Understanding No-Fault Divorce in Texas

Texas follows a no-fault divorce system, allowing spouses to end their marriage without proving misconduct by either party. The most common ground is “insupportability,” defined in Texas Family Code § 6.001 as a breakdown of the marriage due to discord or conflict that renders reconciliation impossible. As our attorneys frequently advise, this provision simplifies the legal process and reduces the emotional strain often caused by assigning blame, allowing couples to focus on resolving issues like custody and property division more constructively.

One spouse’s decision to file for divorce is sufficient for the case to proceed—mutual agreement is not required. Under Texas law, a court cannot deny a divorce simply because the other spouse objects. This legal structure, reinforced by recent updates to the Texas Family Code, helps reduce unnecessary confrontation and ensures that individuals aren’t legally bound to a marriage that is no longer working. As we’ve seen in our work with Texas families, this aspect of no-fault divorce is especially important in cases where power imbalances or communication breakdowns make collaboration difficult.

The insupportability standard can encompass a wide range of reasons, from emotional detachment and financial disputes to abandonment or growing apart over time. For many families, particularly those with children, this no-fault framework supports a more respectful path forward. For more clarity on the legal process and practical steps involved, our Texas Divorce FAQs offer trusted guidance backed by experience and current law. At The Law Office of Bryan Fagan, PLLC, we are committed to helping you move forward with clarity, compassion, and confidence.

Residency Requirements for Filing Divorce in Texas

Before initiating a divorce in Texas, it’s essential to meet the state’s residency requirements, which establish the court’s authority to hear and decide your case. According to Texas Family Code § 6.301, at least one spouse must have been a resident of Texas for a continuous six-month period, and a resident of the county where the divorce is filed for at least 90 days prior to filing. These jurisdictional requirements are non-negotiable and must be satisfied for the court to accept and process a divorce petition.

As our attorneys frequently advise, understanding and verifying these residency requirements early can help prevent unnecessary delays or complications in your case. Whether you’re new to Texas or recently relocated within the state, the timeline begins from the date you establish legal residence. Filing before meeting these requirements could result in dismissal or the need to restart the process in the proper jurisdiction. Ensuring that both state and county residency timelines are satisfied protects the validity of your divorce filing and any related court orders.

For those seeking clarity on the filing process and how to meet legal prerequisites, our Texas Divorce FAQs provide step-by-step answers and trusted legal insight based on the most current version of the Texas Family Code. At The Law Office of Bryan Fagan, PLLC, our legal professionals have helped many clients understand the importance of residency in divorce filings and are here to ensure your case starts on solid legal ground.

Community Property vs. Separate Property

Dividing property during a divorce in Texas hinges on clearly distinguishing between community and separate property. Under Texas Family Code § 3.002, community property generally includes all assets and income acquired by either spouse during the marriage, regardless of whose name is on the title. This means homes, vehicles, bank accounts, and retirement savings accumulated during the marriage are typically subject to division. However, as our attorneys frequently advise, “equitable” division doesn’t necessarily mean a 50/50 split—Texas courts have the discretion to divide community property in a way that is fair, taking into account factors like earning potential, caregiving responsibilities, and each party’s financial outlook.

Separate property, on the other hand, is defined in Texas Family Code § 3.001 as assets owned before the marriage or acquired during the marriage through inheritance, personal gifts, or personal injury settlements. These assets are not subject to division, but proving their status requires clear and convincing evidence, particularly when funds or property have been mixed—known legally as “commingled.” For example, a business started before marriage but expanded using community resources may be subject to a reimbursement claim under Chapter 3, Subchapter E of the Texas Family Code.

As we’ve seen in our work with Texas families, even everyday assets—like pets—can raise unexpected questions. Texas law classifies pets as property. If acquired during the marriage, they’re considered community property unless clearly shown to be a gift or pre-owned by one spouse. Determining who keeps a beloved family pet can become just as emotionally complex as dividing retirement accounts or the family home, which is why legal clarity and early planning matter.

If you’re wondering what share a spouse may receive, we encourage you to read our detailed breakdown: Wife’s Share in Texas Divorce Settlements. You’ll also find practical answers to related questions in our comprehensive Texas Divorce FAQs, helping you make sense of everything from asset division to legal timelines. At The Law Office of Bryan Fagan, PLLC, our mission is to guide families with knowledge, compassion, and strong legal protection every step of the way.

Determining Child Custody in Texas

Child custody decisions in Texas are guided by one fundamental principle: the best interest of the child. This standard, set forth in Texas Family Code § 153.002, makes clear that the court’s primary focus in any conservatorship case is the child’s emotional, physical, psychological, and educational well-being. As our legal professionals have helped many clients understand, the law places the child’s needs above all else, and judges are required to evaluate custody arrangements with that priority in mind.

When making custody determinations, Texas courts consider a range of factors designed to assess each parent’s capacity to provide a stable, safe, and nurturing environment. This includes evaluating the consistency of the home, the child’s existing relationships with each parent, and each parent’s ability to meet the child’s day-to-day needs. Allegations of family violence, substance abuse, or neglect—if supported by credible evidence—can significantly affect custody outcomes and may lead to restricted or supervised visitation for the parent in question. As we’ve seen in our work with Texas families, such factors often become pivotal in contested custody cases.

In more complex situations, the court may appoint legal advocates to represent the child’s interests. These roles—such as an amicus attorney, guardian ad litem, or attorney ad litem—serve to provide an objective voice for the child in court proceedings. Additionally, under Texas Family Code § 153.009, children aged 12 or older have the right to express their preference regarding primary residence. While this input is not binding, judges take it seriously and weigh it alongside other considerations in determining what arrangement serves the child best.

This multifaceted approach reflects the latest updates to the Texas Family Code and underscores the court’s effort to ensure every child is protected during the emotional and legal challenges of divorce or separation. For parents seeking clarity on how custody decisions are made, our comprehensive Texas Divorce FAQs offer helpful insights, practical guidance, and answers to common questions about conservatorship, visitation, and court procedures. At The Law Office of Bryan Fagan, PLLC, we are committed to helping parents prioritize their children’s needs and move forward with confidence and care.

Spousal Support Eligibility in Texas

Spousal maintenance in Texas—often referred to as post-divorce support—is governed by strict eligibility standards outlined in Texas Family Code § 8.051. As our attorneys frequently advise, the spouse requesting support must prove an inability to meet their minimum reasonable needs. Typically, this means the marriage must have lasted at least 10 years, and the requesting spouse must either lack sufficient earning ability, have a physical or mental disability, or care for a child of the marriage who requires substantial supervision due to a disability. These conditions reflect the most recent updates to the Texas Family Code, which continue to emphasize a needs-based approach to spousal maintenance.

In determining whether to award support, courts consider multiple factors including each party’s education, employment history, age, health, and financial resources, as detailed in Texas Family Code § 8.052. Spousal maintenance is not automatically granted—it’s designed to provide transitional financial help while the receiving spouse works toward self-sufficiency. According to our family law team, even if support is awarded, the duration and amount are closely tied to both the length of the marriage and the specific circumstances of the requesting spouse.

Generally, if the marriage lasted between 10 and 20 years, support may last up to five years. For marriages lasting 20 to 30 years, support can extend up to seven years. In cases where the marriage endured for more than 30 years, or if there’s a qualifying disability, support may be awarded for up to 10 years—or even indefinitely in rare cases involving permanent incapacity. Courts can also modify support if there’s a substantial change in circumstances, such as a job loss or health decline, as allowed by Texas Family Code § 8.057.

To better understand how these rules apply to your unique situation, we recommend reading Does a Husband Have to Support His Wife During Separation in Texas?. This resource explores how temporary spousal support can be granted even before a divorce is finalized. You’ll also find additional clarity in our comprehensive Texas Divorce FAQs, where our legal professionals answer common questions about alimony, court expectations, and financial planning during divorce. As we’ve seen in our work with Texas families, having the right information upfront can help set realistic expectations and foster a smoother transition for both spouses.

Costs Associated with Divorce in Texas

The cost of a divorce in Texas can vary greatly depending on the complexity of the case and the level of conflict involved. While Texas Family Code § 6.001–6.007 outlines the grounds for divorce, which can influence how contested a case becomes, financial considerations often drive the strategic decisions couples make. On average, a divorce without children in Texas costs around $15,600, while cases involving children can reach approximately $23,500. As our attorneys frequently advise, these numbers can fluctuate based on factors like the number of disputed issues, the length of proceedings, and whether one or both spouses retain legal counsel.

Filing fees are the baseline cost, typically ranging from $250 to $350 depending on the county. However, attorney’s fees are often the largest expense, with average hourly rates around $267 statewide. Contested divorces—which may involve hearings, discovery, and expert testimony—tend to incur significantly more legal fees than uncontested ones. According to our family law team, one of the most effective ways to reduce costs is by avoiding litigation when possible. Reaching agreements through mediation, collaboration, or negotiation is often faster and more affordable than taking a divorce to trial.

Couples hoping to minimize legal expenses might consider several cost-saving approaches. DIY divorces, for instance, involve limited court costs and are best suited for short-term marriages with no children or significant assets. Mediation and collaborative divorce, while still involving professional fees, can drastically reduce overall expenses by streamlining the process. Additionally, opting for a no-fault divorce under Texas Family Code § 6.001 simplifies the legal path and helps avoid unnecessary conflict and associated costs.

To help you understand your options and make informed decisions, our legal professionals recommend reading Is ‘How Much Is a Divorce in Texas?’ the Best Option for You?. This article breaks down the types of divorce, cost ranges, and when legal assistance is most beneficial. You’ll also find more valuable insights in our comprehensive Texas Divorce FAQs, which cover everything from budgeting tips to legal timelines. As we’ve seen in our work with Texas families, the right guidance can help protect your financial well-being while also giving you the peace of mind to move forward with confidence.

Court Requirements for Texas Divorces

Filing for divorce in Texas is a structured legal process, and understanding the steps involved can make a significant difference in how smoothly your case proceeds. As outlined in Texas Family Code § 6.001 et seq., the process begins with preparing and filing an Original Petition for Divorce with the appropriate district court. Once filed, the petition must be formally served to the other spouse unless they sign a waiver of service. From there, parties may need to attend hearings, especially in contested cases. A divorce becomes legally final when the judge signs the Final Decree of Divorce, which is then filed with the county clerk’s office to complete the process.

An uncontested divorce—where both spouses agree on all issues such as property division and, if applicable, child custody—can be resolved more quickly and at significantly lower cost. Texas offers a simplified filing process in these cases, including standardized forms for couples without minor children or real property. As our attorneys frequently advise, the option to e-file documents has also streamlined the process, allowing individuals to submit required paperwork electronically through the state’s online filing system. This is especially helpful for pro se litigants managing their cases independently.

For individuals facing financial hardship, Texas Family Code § 51.941 permits the submission of an Affidavit of Inability to Pay Court Costs. This affidavit, if approved, waives filing fees and other court-related expenses, reducing the financial barrier to accessing the legal system. Our legal professionals have helped many clients understand how to apply for fee waivers and navigate the process with minimal financial strain, particularly when divorce expenses are already a concern.

As we’ve seen in our work with Texas families, being informed about the steps in the divorce process—whether contested or uncontested—helps reduce stress and avoid costly mistakes. For a deeper understanding of filing requirements, timelines, and financial considerations, we encourage you to explore our Texas Divorce FAQs, where you’ll find reliable answers backed by current legal standards and recent updates to the Texas Family Code. At The Law Office of Bryan Fagan, PLLC, we’re committed to guiding you through each phase of your divorce with compassion, clarity, and practical legal support.

What Happens If My Spouse Objects to the Divorce?

When one spouse objects to the divorce in Texas, the case is considered contested—a situation that often requires multiple court appearances, detailed evidence presentation, and a longer timeline to reach resolution. Under Texas Family Code § 6.001 et seq., even if one spouse wishes to remain married, the court can still grant a divorce if the other party testifies that the marriage has become insupportable. As our attorneys frequently advise, while the law allows one spouse to proceed independently, contested divorces tend to be more complex, emotionally intense, and legally demanding for everyone involved.

A contested divorce means the parties disagree on one or more issues—such as property division, child custody, or spousal support—and must present their positions through hearings, mediation, or even a full trial. These disputes can quickly escalate, causing delays, increasing legal fees, and intensifying emotional strain. However, courts encourage settlement where possible, and many contested cases still resolve through negotiation or mediation before reaching trial. According to our family law team, engaging proactively in these processes helps protect your interests while also promoting smoother outcomes.

If a spouse fails to participate in the proceedings—whether by ignoring the petition, refusing to respond, or skipping court hearings—the court may issue a default judgment under Texas Family Code § 6.701. This means the spouse who filed for divorce can potentially receive the relief they requested without the other party’s input. While this may sound advantageous for the filing spouse, it often leads to complications later, particularly if the non-responding spouse tries to challenge the decree. A prove-up hearing is generally required in these cases, where the requesting party must still show that their proposed agreement is fair and meets legal standards.

To better understand the risks, timelines, and strategies for navigating contested divorces, we encourage you to review How to Handle Divorce Finances: Protecting Your Assets in Texas. You’ll also find detailed answers in our Texas Divorce FAQs, which address everything from contested case preparation to final decree enforcement. At The Law Office of Bryan Fagan, PLLC, our mission is to help Texas families navigate even the most challenging divorce scenarios with clarity, compassion, and confidence in their future.

Name Changes During Divorce

In Texas, individuals going through a divorce have the right to request a legal name change as part of the process. According to Texas Family Code § 45.105, this request can be included directly in the Original Petition for Divorce or the Final Decree. If the request is for a return to a previously used surname—most commonly a maiden name—the court can approve it without requiring a separate legal proceeding. As our legal professionals have helped many clients understand, including this request in your initial filing can streamline the process and help avoid additional paperwork or court costs later on.

Once the divorce is finalized and the name change is granted, individuals may request a change of name certificate from the court. This certificate serves as official documentation of the change and is often needed to update identification documents such as a driver’s license, Social Security card, bank accounts, and other legal records. Our family law team frequently advises clients to request multiple certified copies to make these updates more efficient after divorce.

It’s important to note that if someone wishes to change their name to something other than a prior legal name, a separate petition must be filed under Texas Family Code Chapter 45, which includes different procedures and may require a hearing. This distinction is crucial and often misunderstood, especially when someone is considering a completely new name rather than simply reverting to a pre-marital one.

As we’ve seen in our work with Texas families, updating your name during divorce can feel symbolic of a fresh start—and ensuring the legal steps are handled properly helps that transition go smoothly. For more practical guidance and support, explore our Texas Divorce FAQs, which cover everything from name changes and decree modifications to identity and document updates. At The Law Office of Bryan Fagan, PLLC, we’re committed to empowering clients with clear, compassionate legal counsel every step of the way.

How the Law Office of Bryan Fagan Can Assist

The Law Office of Bryan Fagan offers personalized legal support tailored to each client’s specific needs. Clients can schedule complimentary consultations to discuss their cases at no initial cost. This ensures that people receive professional guidance from the government without any financial commitment upfront. An attorney is available to assist with any questions.

The firm emphasizes clear communication and access, ensuring clients can easily contact their attorneys with common questions. The client support team checks in with clients throughout their cases, providing ongoing support and updates. This comprehensive approach helps clients read navigate the complexities of family law while working with knowledge and confidence. The firm also addresses any basic information concerns that may arise during the process, providing answers to help clients feel informed. This helpful service plan guide ensures that clients are well-prepared for their journey, with all the necessary details. Please note that this approach is designed to enhance client hope information experience, and lawyers are always available to assist.

Conclusion:

Every family’s story is different—but if you’re here, chances are yours is at a turning point. And that’s okay. Asking questions, digging into your options, and wanting what’s best for your kids isn’t just responsible—it’s brave. The truth is, navigating divorce in Texas comes with a learning curve, but you don’t have to figure it out alone.

Whether you’re trying to make sense of custody, timelines, or simply how to keep life steady for your child, knowing your rights (and a few smart strategies) can go a long way. That’s why we’re here—not just to walk you through the legal fine print, but to support the real-life moments that come with it.

If you’re ready to take the next step—or just want someone to talk to who actually listens—reach out. At The Law Office of Bryan Fagan, PLLC, we help Texas families move forward with clarity, confidence, and the support they deserve.

And hey, if you’ve made it this far in the post, you’re clearly someone who does their homework. So maybe don’t help your kid with math tonight—they owe you one.

Texas Divorce FAQs

What not to do during a divorce in Texas?

Avoid hiding assets, bad-mouthing your spouse in front of the kids, violating court orders, or making major financial changes without legal advice. Emotional outbursts on social media and rushed decisions can also harm your case.

What is wife entitled to in divorce in Texas?

In Texas, a wife is entitled to a just and right division of community property, which typically includes assets and debts acquired during the marriage. She may also be entitled to spousal maintenance, depending on the circumstances.

What is rule 11 in Texas divorce?

Rule 11 refers to an agreement between parties in a Texas divorce case that is made in writing and filed with the court or made in open court and entered into the record. These agreements are legally binding.

What is the 10 year rule in divorce in Texas?

The 10-year rule generally refers to eligibility for spousal maintenance in Texas. If a marriage lasted 10 years or more, the court may award spousal maintenance if the requesting spouse lacks sufficient property or income.

Who has to leave the house in a divorce in Texas?

Neither spouse is automatically required to leave the marital home. A court may issue temporary orders deciding who stays based on the best interest of the parties or children, especially in cases involving safety or conflict.

What not to do when asking for a divorce?

Do not ambush your spouse, make threats, or involve the children in adult conversations. Avoid discussing settlement terms before getting legal advice, and don’t neglect planning for housing, finances, or parenting arrangements.

What assets are protected in a divorce in Texas?

Separate property—such as assets owned before marriage, gifts, inheritances, and certain personal injury awards—is generally protected in a Texas divorce and not subject to division. Documentation is key to proving separate property.

Does a husband have to support his wife during separation in Texas?

Texas courts can order temporary spousal support during separation if the wife demonstrates financial need and the husband has the ability to pay. This support helps maintain living conditions during the divorce process.

Is my wife entitled to half my business if we divorce in Texas?

If the business was started or grew in value during the marriage, it may be considered community property, and your wife could be entitled to a share. Proper valuation and legal strategy are crucial in these cases.