Overview

Filing for divorce in Texas requires following specific legal procedures set out by the Texas Family Code and overseen by the state’s courts. Divorce is the legal process of ending a marriage, dividing property, addressing child custody, visitation, and support, and potentially ordering spousal maintenance. Texas law allows both “no-fault” divorces, where the marriage simply cannot continue due to discord, and “fault” divorces, based on grounds like cruelty, adultery, or abandonment. Either spouse can file as long as residency requirements are met: one spouse must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days. Filing requires preparing an Original Petition for Divorce, formally serving the other spouse, and observing a mandatory 60-day waiting period. Depending on whether the case is contested or uncontested, the process may involve mediation or trial before a judge issues a Final Decree of Divorce. The system is designed to ensure fairness, protect children’s best interests, and legally end the marital relationship.

Who Benefits and Who Can Apply

The process of filing for divorce in Texas is meant for spouses who want to dissolve their marriage in a legal and enforceable way. It benefits individuals seeking property division, custody arrangements, or child and spousal support orders. Either spouse may file the petition, regardless of whether the other spouse agrees. Additionally, in cases where one spouse is incapacitated, a legal guardian or representative may file on their behalf. Parents filing for divorce with children particularly benefit, as the process ensures enforceable orders that prioritize the welfare of the children.

Benefits of Divorce in Texas

• Provides a legally recognized end to a marriage.
• Establishes custody, visitation, and child support arrangements.
• Ensures fair division of community property.
• Allows for spousal maintenance in qualifying situations.
• Provides enforceable legal protections for spouses and children.

Step-by-Step Process

Step 1: Meet Residency Requirements

To file for divorce in Texas, one of the spouses must have lived in the state for at least six months and in the county of filing for at least 90 days. These requirements give Texas courts jurisdiction to handle the divorce. Without meeting these residency standards, a case cannot proceed in Texas courts.

Step 2: Prepare the Original Petition for Divorce

The divorce process formally begins with preparing an Original Petition for Divorce. This legal document identifies the parties, states the grounds for divorce, and requests relief such as property division, child custody, or support orders. The petition is filed with the clerk of the appropriate district court.

Step 3: File the Petition

Once completed, the petition must be filed with the district court clerk in the county where either spouse meets the residency requirement. A filing fee is required, though individuals with financial hardship may request a fee waiver by submitting a Statement of Inability to Afford Payment of Court Costs.

Step 4: Serve the Other Spouse

After filing, the other spouse (the Respondent) must be formally notified of the case through service of process. This is usually carried out by a sheriff, constable, or process server. In some cases, the Respondent may sign a waiver of service. Service ensures due process and gives the Respondent the opportunity to participate.

Step 5: File an Answer

The Respondent has until the first Monday after 20 days from the date of service to file an answer with the court. The answer may contest or agree with the requests made in the petition. If no answer is filed, the court may proceed by default and grant relief as requested by the Petitioner.

Step 6: Request Temporary Orders

If immediate decisions are needed regarding child custody, visitation, support, or use of property, either spouse may request temporary orders. These orders provide structure and stability while the divorce case is pending.

Step 7: Discovery Process

Discovery allows both parties to exchange relevant information, such as financial records, property inventories, and communications. This process ensures transparency and helps the court or parties make informed decisions. Discovery can involve interrogatories, depositions, or document requests.

Step 8: Negotiation or Mediation

Before proceeding to trial, most courts require mediation. A neutral mediator helps the spouses try to reach agreements on contested issues like property division or custody. If agreements are reached, they can be filed with the court for approval.

Step 9: Trial

If the parties cannot agree through negotiation or mediation, the case goes to trial. The judge, and in some cases a jury, will decide on contested matters. Evidence and witness testimony may be presented before the judge issues rulings.

Step 10: Final Decree of Divorce

The divorce concludes with the judge signing a Final Decree of Divorce. This document dissolves the marriage and contains enforceable orders regarding property, custody, child support, and spousal maintenance. Both parties are legally bound to follow the decree.

Costs Associated

Filing fees for divorce in Texas generally range from $250 to $350, depending on the county. Additional costs may include attorney fees, mediation expenses, and fees for service of process. Those unable to afford fees can request a waiver by submitting proper documentation.

Time Required

Texas law requires a mandatory 60-day waiting period between filing the petition and finalizing the divorce. While uncontested divorces can be resolved shortly after the waiting period, contested divorces may last several months to over a year, depending on the complexity of the issues and court schedules.

Limitations of Divorce in Texas

• Mandatory 60-day waiting period before finalization.
• Spousal maintenance eligibility is limited compared to other states.
• Community property laws may not always reflect individual fairness.
• Complex cases can require lengthy litigation.

Risks and Unexpected Problems

• Emotional stress for spouses and children.
• Potential for unexpected financial burdens such as debt allocation.
• Contentious custody disputes.
• Risk of non-compliance with court orders, requiring enforcement actions.

Sources

• Texas Courts
• State Bar of Texas