Divorce can be emotionally and logistically overwhelming. Understanding the legal process in Texas can give you clarity and peace of mind during an uncertain time. Whether you’re considering divorce or ready to file, here’s what you can expect.
Before you can file for divorce in Texas, you or your spouse must meet both of these requirements:
Lived in Texas for at least 6 months, and
Lived in the county where you plan to file for at least 90 days
If you don’t yet meet these requirements, you’ll need to wait before filing.
The divorce process officially begins when one spouse (the Petitioner) files an Original Petition for Divorce in the appropriate district court.
After filing:
The other spouse (the Respondent) must be legally served with divorce papers, or
They can sign a waiver of service if both parties are cooperating.
Texas law requires a minimum 60-day waiting period from the date the divorce petition is filed before the court can finalize the divorce.
Note: This is a minimum. Most divorces take longer depending on the complexity of the case and whether children or significant assets are involved.
If you and your spouse don’t agree on important issues during the divorce (like who stays in the house, child custody, or financial support), the court can issue temporary orders.
These orders remain in effect until the divorce is finalized and help set boundaries during the process.
This phase involves both spouses exchanging important documents and information, especially regarding:
Finances
Property
Debts
Parenting responsibilities
You and your spouse (or your attorneys) will negotiate terms like property division, custody, and support. Many cases resolve here without going to trial.
Most Texas courts require spouses to attend mediation before scheduling a final trial. Mediation involves a neutral third-party helping you work toward a settlement.
If you reach a Mediated Settlement Agreement, it can be filed with the court and become legally binding.
There are two ways your case can conclude:
Uncontested: If both sides agree, you’ll attend a short prove-up hearing, where a judge reviews and signs your agreement.
Contested: If there’s no agreement, the case goes to trial. The judge will make decisions on your behalf regarding all unresolved issues.
Once everything is resolved, the judge will sign the Final Decree of Divorce. This legal document finalizes your divorce and outlines all the terms, including:
Division of property and debts
Child custody and support
Spousal support (if applicable)
Once signed, you're officially divorced.
Divorce is a major life change, but having the right information—and the right legal support—can make all the difference.
If you're thinking about divorce or ready to take the next step, schedule a confidential consultation today. Let’s talk about your goals and how I can help protect your interests and your future.
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