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Texas Divorce Process:
Step-by-Step Guide for Texans

Understanding the Texas divorce process can feel overwhelming, especially if you’re unsure what to expect at each stage. At the Law Office of Bryan Fagan, our Texas family law attorneys guide clients through every step of the divorce process, from filing the Original Petition to receiving the Final Decree of Divorce.

This page provides a simple, easy-to-follow breakdown of how divorce works in Texas, including filing requirements, service of process, temporary orders, discovery, mediation, and trial. Whether you’re facing a contested divorce, managing child custody issues, or trying to divide marital property, this guide helps you understand your rights and what happens next.

If you’re ready to speak with a Texas divorce lawyer who can help you protect your family, finances, and future, our team is here for you.

Talk to a Texas Divorce Attorney Today

How the Divorce Process Works in Texas

A Texas divorce generally follows six main steps:

  1. Filing the Divorce Petition
  2. Serving Your Spouse (Waiver or Process Server)
  3. Temporary Orders
  4. Discovery
  5. Mediation
  6. Final Trial & Final Decree

Each section below explains what happens during these stages and what Texans need to know to prepare.

Step 1: Filing the Divorce Petition in Texas

Filing the Original Petition for Divorce is how you officially start a divorce case in Texas. This document tells the court the basic details of your marriage and the issues that need to be addressed—such as child custody, property division, and support. Our attorneys prepare and file this petition for you to ensure your case begins correctly and strategically.

Temporary Restraining Orders (TROs)

If needed, we may request a TRO to prevent harmful behavior, protect financial accounts, and maintain stability for you and your children. TROs last 14 days and can be extended.

What We Do at This Stage

  • Gather your information and discuss your goals
  • Draft your Original Petition for Divorce
  • File it with the appropriate Texas family court
  • Start the mandatory 60-day waiting period
  • If you were served, prepare your Answer or Counterpetition

Why This Step Matters

Filing the petition:

  • Opens your court case
  • Protects your legal rights
  • Allows temporary orders to be put in place
  • Sets the foundation for the rest of your divorce

Step 2: Serving Your Spouse With Divorce Papers in Texas

After filing the divorce petition, Texas law requires that your spouse be formally notified. This step is called service of process, and it ensures your spouse is aware of the case and has a chance to respond.

There are two main ways this happens:

Waiver of Service

If your spouse is cooperative, they can sign a Waiver of Service in our office. This document confirms they received notice without needing a process server.

Benefits:

  • Fast
  • Less conflict
  • No extra service fees

Service by Process Server

If your spouse won’t sign a waiver or is avoiding contact, we arrange for a certified process server to deliver the divorce paperwork.

This option ensures:

  • Proof of service
  • Court compliance
  • Your case can move forward even if your spouse is uncooperative

What Happens After Service

Once your spouse is served:

  • They have 20 days + the following Monday at 10 a.m. to file an Answer
  • The case can move toward temporary orders, mediation, and discovery

Why Step 2 Matters

Proper service is required for your divorce to proceed. It protects your spouse’s right to notice and prevents delays, objections, or case dismissal.

Step 3: Temporary Orders in a Texas Divorce

Temporary Orders are short-term rules that help stabilize your life while the divorce is ongoing. These orders remain in place until the final decree and can cover issues like custody, visitation, support, and use of property.

Most Texas courts require parties to attempt mediation before a temporary orders hearing.

Mediation for Temporary Orders

Before going to court, both sides usually must attend mediation to try to reach an agreement on temporary issues.

Temporary mediation can resolve:

  • Parenting time and child custody
  • Child support
  • Temporary spousal support
  • Who stays in the home
  • Who pays certain bills Temporary control of property and accounts

If mediation succeeds, An Agreed Temporary Orders document is prepared and signed by the judge.

a focused mediation scene in a modern conference room, featuring a professional mediator guiding two parties seated at a sleek table, with expressions of concentration and respect, illuminated by soft overhead lighting that emphasizes the collaborative and structured atmosphere.

Court Hearing for Temporary Orders

If no agreement is reached in mediation, the case moves to a Temporary Orders Hearing.
At this hearing, both sides present evidence, and the judge makes decisions about what temporary rules will apply during the divorce.

Why Temporary Orders Matter

Provide structure and stability

Protect children and finances

Prevent conflict during the divorce

Serve as a guide for how things will work until final orders are entered

Step 4: Discovery in a Texas Divorce

Step 4: Discovery in a Texas Divorce

Discovery is the phase where both sides exchange information and documents. This step helps ensure transparency about finances, property, and any issues involving children. Not every case needs full discovery, but it is common in contested divorces.

What Discovery Includes

The discovery process may involve:

  • Initial Disclosures: Basic required information each party must exchange early in the case.
  • Inventory & Appraisement: A sworn list of assets and debts.
  • Financial Information Statement: Details on income, expenses, and financial needs.
  • Interrogatories: Written questions the other party must answer under oath.
  • Requests for Production: Documents such as bank statements, tax returns, or communications.
  • Depositions: Oral interviews under oath, recorded by a court reporter.

Why Discovery Matters

Discovery helps:

  • Confirm financial information
  • Identify marital vs. separate property
  • Prepare for mediation or trial
  • Build a strong case based on verified facts
  • Reduce surprises later in the process

How We Help

Our attorneys guide you through each discovery request, gather the necessary documents, prepare responses, and ensure your spouse provides the required information as well.

Step 5: Mediation in a Texas Divorce

Mediation is one of the most important steps in a Texas divorce. Most courts require mediation before a final trial. It allows both sides to work with a neutral mediator to reach an agreement without going to court.
Mediation is often more affordable, faster, and less stressful than trial.

During Mediation:

  • Confirm financial information
  • Identify marital vs. separate property
  • Prepare for mediation or trial
  • Build a strong case based on verified facts
  • Reduce surprises later in the process

You can settle any issue in mediation, including:

  • Child custody & visitation
  • Child support
  • Property and debt division
  • Retirement accounts
  • Spousal support
  • Final possession and access schedules

If You Reach an Agreement

The mediator prepares a Mediated Settlement Agreement (MSA) — a binding contract signed by both parties.
 Using the MSA, we draft your Final Decree of Divorce for the judge to sign.

If You Do not Reach an Agreement

The case moves forward to preparation for final trial.

Why Mediation Matters

  • Saves time and money
  • Child support
  • Property and debt division
  • Retirement accounts
  • Spousal support
  • Final possession and access schedules

Step 6: Final Trial & Final Decree of Divorce

If mediation does not resolve all issues, your case proceeds to a final trial. A judge — or in some cases, a jury — will hear evidence and make final decisions on all remaining issues, including child custody, property division, and financial support.

After trial, or after an agreement is reached, the court signs the Final Decree of Divorce, which officially ends the marriage.

What Happens in a Final Trial

During trial, both sides present:

  • Testimony
  • Financial records
  • Evidence related to parenting or property
  • Expert witnesses (if needed)

The judge or jury then decides on any unresolved issues.

Final Decree of Divorce

Once all issues are settled, we prepare the Final Decree of Divorce, the legal document that:

  • Finalizes the divorce
  • Outlines parenting orders
  • Divides community property and debt
  • Establishes child support and/or spousal support
  • Provides final instructions for both spouses

If the case is uncontested at this point, the Petitioner may attend a brief prove-up hearing instead of trial.

Why Step 6 Matters

This step officially ends the divorce and provides the legally binding rules you and your ex must follow moving forward.

Texas Divorce Process Guide (Free PDF)

Understanding the divorce process doesn’t have to be overwhelming. We created a free, downloadable Texas Divorce Process Guide that walks you through every step in clear, simple language. Use it as a reference as you move through your case and discuss your goals with your attorney.

 

This guide is designed to help you feel prepared and empowered throughout the process.

Texas Divorce Process FAQ

How long does a divorce take in Texas?

Texas has a minimum 60-day waiting period from the date the Petition for Divorce is filed.
 However, most divorces take 3–12 months, depending on:

  • Whether the divorce is contested
  • How quickly spouses exchange documents
  • Whether mediation is successful
  • Court scheduling availability

Complex cases involving custody or property can take longer.

Many Texans never have to go to court.
 You may avoid court if:

  • Both spouses agree to terms
  • Mediation is successful
  • The divorce is uncontested

In these cases, only a short prove-up hearing may be required.
 Contested cases or disputes typically require a hearing or final trial.

A Texas divorce may include decisions about:

  • Child custody & visitation
  • Child support
  • Spousal support (alimony)
  • Division of community property
  • Division of debt
  • Retirement accounts
  • Health insurance and parental rights

Your Final Decree of Divorce lists all final orders.

Texas is a community property state, which means:
 Property acquired during the marriage is usually split in a fair and just manner.
 This does not always mean 50/50.

Courts consider:

  • Income and earning ability
  • Fault in the breakup of the marriage
  • Each spouse’s financial needs
  • Health conditions or disabilities
  • Who has primary custody of the children

Separate property belongs only to the spouse who owned it before marriage or received it by gift/inheritance.

Many Texans never have to go to court.
 You may avoid court if:

  • Both spouses agree to terms
  • Mediation is successful
  • The divorce is uncontested

In these cases, only a short prove-up hearing may be required.
 Contested cases or disputes typically require a hearing or final trial.

Yes. Through Temporary Orders, the court can decide:

  • Temporary child custody
  • Visitation schedules
  • Child support
  • Temporary spousal support
  • Who stays in the marital home
  • Who pays certain bills

Temporary Orders protect stability until final orders are entered.

In most Texas counties, yes, mediation is required before a final trial.
 Mediation helps spouses reach agreements on:

  • Custody
  • Support
  • Property division
  • Any contested issues

Most divorces settle at mediation instead of going to trial.

If mediation fails, your case goes to trial. A judge — or sometimes a jury — makes decisions based on:

  • Testimony
  • Financial documents
  • Evidence regarding children or property
  • Expert witnesses (if needed)

After trial, the judge signs the Final Decree of Divorce, which officially ends the marriage.

You are not legally required to have an attorney, but divorce involves:

  • Legal deadlines
  • Court procedures
  • Complex financial decisions
  • Parenting orders with long-term impact

Most Texans choose legal representation to avoid costly mistakes and protect their rights.

Costs vary depending on:

  • Whether the divorce is contested
  • Attorney involvement
  • Mediation vs. trial
  • Complexity of assets and custody issues

Uncontested cases cost significantly less than contested divorces that go to trial.

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