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Divorce can feel overwhelming, especially when legal terms and deadlines pile up. But Texas has a clear process that helps couples move forward. The right approach can save time, reduce stress, and avoid unnecessary conflict. Understanding the steps to divorce in Texas can help you feel more prepared before the paperwork begins. Each stage has a purpose, and knowing what to expect makes a real difference.
Steps to Divorce in Texas
Divorce in Texas follows a clear legal process. If you’re thinking about ending your marriage, understanding each step helps you stay informed and confident as you move forward. Texas laws give you a way to complete your divorce without confusion or delay, as long as you follow the process correctly.
This guide breaks down the steps involved in a Texas divorce. These include filing the petition, serving your spouse, dealing with waiting periods, and finalising the order. Each step plays a role in how the court grants your divorce. Keep reading to learn what to expect and how to prepare.
Step 1: Check if You Qualify to File in Texas
Before you file for divorce in Texas, you must meet the residency requirement. Either you or your spouse must have lived in Texas for at least six months. You or your spouse also must have lived in the county where you plan to file for at least 90 days. If you don’t meet these conditions, you will need to wait until you do.
This rule applies even if you got married in another state or country. The court only has authority to hear your case if the residency conditions are met.
Step 2: Prepare and File the Original Petition for Divorce
Once you meet the residency rules, you can file an Original Petition for Divorce. This is the first official document that starts the divorce. It tells the court you want to end the marriage and explains what you are asking for. This may include child custody, property division, or spousal support.
You must file the petition with the district clerk’s office in the county where you or your spouse lives. This filing comes with a fee, usually around $250 to $350 depending on the county. If you can’t afford the fee, you may file a Statement of Inability to Afford Payment of Court Costs.
When you file the petition, the clerk will stamp it with the date and assign a case number. This marks the official start of your divorce case.
Step 3: Give Legal Notice to Your Spouse
After filing, Texas law requires you to legally notify your spouse. The court calls this service of process. You may not simply hand your spouse the papers. Instead, you must follow one of the approved methods:
- Personal service: A constable, sheriff, or process server delivers the papers.
- Waiver of service: Your spouse signs a form that says they received the documents and waive formal service.
- Service by publication or posting: Used when you can’t locate your spouse after trying to find them.
Service lets your spouse know about the divorce and gives them a chance to respond. If they do not respond, you may still move forward with the case.
Step 4: Observe the 60-Day Waiting Period
Texas law imposes a 60-day waiting period after the petition is filed. This gives both parties time to cool off and consider their decisions. The court cannot grant a divorce until this waiting period passes, except in limited cases like domestic violence.
This waiting period runs from the date the petition is filed. Day one is the day after filing. Day sixty is the first possible date a judge may finalise the divorce, but this does not guarantee the case will end that day. If you and your spouse need more time to settle matters, the case may take longer.
Step 5: Exchange Information and Work Toward an Agreement
While you wait, you and your spouse may need to share financial documents, parenting plans, or proposed terms. This step is often informal unless the court requires discovery, where both sides must legally exchange specific information.
During this time, many couples negotiate and reach agreements on:
- Property and debt division
- Child custody and visitation
- Child support or spousal maintenance
If you both agree on everything, you can move forward with an uncontested divorce. If not, your case becomes contested and may require mediation or trial.
Reaching Agreements Outside Court
Couples often resolve disputes through mediation, a voluntary meeting with a neutral third party who helps both sides reach a fair agreement. Courts sometimes require mediation before a trial. Mediation may reduce conflict, speed up the process, and avoid costly court battles.
Step 6: Prepare the Final Decree of Divorce
Once you reach an agreement or complete court hearings, the next step is to prepare a Final Decree of Divorce. This document includes all decisions made in the case. It must clearly state how property will be divided, who will care for the children, and what support will be provided.
If you have an agreement, both spouses must sign the decree. If a judge decides the case after a hearing or trial, they will sign the decree based on their ruling.
Use the correct form based on your case type. Texas provides different forms for couples with or without children. The clerk’s office may reject a decree if it’s incomplete or uses the wrong format.
Step 7: Final Hearing or Court Approval
In most cases, at least one spouse must attend a final hearing. This short court session allows the judge to review your decree and confirm that it meets legal standards. If the case is uncontested, the process may only take a few minutes.
You must bring:
- A file-stamped copy of your petition
- The signed Final Decree of Divorce
- Any required forms for child support or parenting plans
The judge may ask a few questions, then sign the decree to finalise the divorce. Once signed, your marriage is officially over.
In a contested case, the court may set the matter for a full trial. This involves witness testimony, presentation of evidence, and a longer decision-making process. The judge will rule on the issues and sign the decree based on the outcome.
Step 8: Wrap Up Post-Divorce Matters
After the judge signs the decree, follow through on any remaining responsibilities. This may include:
- Changing the title or ownership of property
- Closing or dividing bank accounts
- Updating wills, insurance policies, or beneficiary forms
- Following court orders for custody, support, or visitation
The court does not monitor these actions. Both spouses must complete them as stated in the decree. If one party refuses to comply, the other may return to court to ask for enforcement.
Special Considerations for Divorce With Children
Texas courts place a high priority on the well-being of children during divorce. If you have children under 18, your case must include plans for:
- Conservatorship: Legal rights and duties of each parent
- Possession and access: When each parent will have time with the child
- Child support: Who pays and how much
The court prefers joint managing conservatorship, unless one parent poses a risk. Judges review all parenting plans to confirm that they serve the child’s best interest. If you and your spouse disagree on custody, the court may appoint a neutral third party or guardian ad litem to assess the situation.
Can You Get Divorced Without a Lawyer?
Texas allows you to file for divorce without an attorney, especially in uncontested cases. Many counties provide forms and instructions to help you through the process. However, going without legal help carries risk if your case involves:
- Disputed custody or support
- High-value property or debt
- A spouse who hides assets
- Domestic abuse or control
If you feel unsure about your rights or need help understanding your options, it makes sense to speak with a family law attorney. Even a short consultation may help you avoid serious mistakes.
Final Thoughts
Divorce in Texas follows a clear, step-by-step process. Each step builds on the one before it. Start with the petition, give notice to your spouse, and observe the waiting period. Use that time to reach agreements or prepare for court. Then finalise the decree and complete any remaining steps after divorce.
Staying informed will help you avoid delays or surprises. Whether your case feels simple or stressful, knowing what comes next gives you control. If you ever feel stuck or confused, don’t hesitate to seek legal advice. The process may not feel easy, but it can be clear.
FAQs About Divorce in Texas
The duration can vary significantly. The minimum waiting period is 60 days from the date the petition is filed, but a contested divorce can take a year or more depending on the complexity of the case and the court’s schedule.
Texas does not require a legal separation period before filing for divorce. You can file immediately once residency requirements are met, which typically means living in Texas for at least six months and in the county of filing for at least 90 days.
The 10 year rule in Texas refers to a provision that allows a spouse to qualify for spousal support if the marriage lasted 10 years or longer and the requesting spouse lacks sufficient property to provide for their minimum needs, among other qualifications.
The costs can vary widely, starting from around $300 for court fees alone. Attorney fees can increase this amount significantly, especially in contested divorces. Costs can escalate into thousands of dollars based on the complexity and length of the case.
No, the divorce process in Texas requires that the other spouse be notified. If your spouse cannot locate you, they must attempt service by alternative means, such as publication, as approved by the court.
Other Related Articles:
- Can I Get a Quick Divorce in Texas: Steps and Tips
- A Comprehensive Guide to the Divorce Timeline in Texas
- Essential Guide to Personal Jurisdiction in a Texas Divorce
- Is Online Divorce Right for You? Pros and Cons of Filing in Texas
- Can I File for Divorce if I Just Moved to Texas? Understanding Residency Requirements
