Recently updated on October 18th, 2025 at 04:07 am

Overview

Filing for divorce in Texas is a structured legal process governed primarily by the Texas Family Code and enforced through the state’s district courts. Divorce formally dissolves a marriage, divides community and separate property, determines child custody, visitation, and child support, and may include orders for spousal maintenance or protective measures. Texas recognizes both “no-fault” divorces—where the marriage is insupportable due to conflict or discord—and “fault-based” divorces that cite specific grounds such as adultery, cruelty, conviction of a felony, abandonment, or confinement in a mental hospital. Either spouse may initiate the case if residency requirements are satisfied: one spouse must have lived in Texas for at least six months and in the filing county for at least ninety days before filing.

The process begins with the filing of an Original Petition for Divorce, which outlines the petitioner’s requests and notifies the other spouse that the case has been opened. The responding spouse must be formally served, either by a sheriff, constable, or authorized process server, unless both parties voluntarily sign a Waiver of Service. Once service is complete, Texas law imposes a mandatory sixty-day waiting period before a final divorce decree can be granted, ensuring time for reflection or reconciliation.

If both spouses agree on all issues—property division, child arrangements, and financial support—the divorce can proceed as an uncontested matter and conclude efficiently, often without a trial. In contested divorces, however, disputes over assets, custody, or fault require mediation or trial, significantly increasing time and expense. Hearings may address temporary orders, discovery, or enforcement issues along the way. Ultimately, the judge issues a Final Decree of Divorce, which legally terminates the marriage and sets out binding terms for both parties. This process emphasizes fairness, judicial oversight, and protection of the best interests of children, while ensuring a clear legal end to 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

Before a Texas court can grant a divorce, it must have jurisdiction over at least one spouse. Jurisdiction is established through residency. Under Texas Family Code § 6.301, one spouse must have lived in the State of Texas for at least six continuous months and in the county of filing for at least 90 days before filing the petition. These time periods ensure that the case has a legitimate connection to the local community and that the court’s rulings will be enforceable. Filing prematurely—even by a few days—can result in dismissal and wasted filing fees.

Residency requires both physical presence and intent to remain. Temporary absences do not necessarily break residency if the person maintains a Texas domicile—such as owning or renting a home, paying local taxes, or keeping a Texas driver’s license. Acceptable documentation includes leases, utility bills, property deeds, employment records, and voter registration. Courts sometimes ask for testimony or affidavits to verify intent, especially when one spouse recently moved.

Military families receive special protection. Under § 6.303 and § 6.304, service members stationed outside Texas remain residents if Texas is their home of record. Likewise, a spouse living with them elsewhere may also claim Texas residency. These provisions allow military couples to file without returning to the state. For spouses deployed or living abroad, this rule ensures continued access to Texas courts.

The 90-day county rule can be confusing when couples relocate within Texas. Suppose a couple lived in Dallas County for years and moved to Travis County two months ago. They must wait one more month before filing in Travis. Alternatively, they could still file in Dallas until the 90-day period in Travis passes. Each county clerk verifies residency through the address listed on the petition, so accuracy matters. Misstating residency can delay processing or trigger a dismissal.

Parents with minor children face an additional residency layer. Texas courts may only decide custody if the child has lived in the state for at least six months, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). If a child primarily resides elsewhere, a Texas court may handle the divorce but not custody. Petitioners should verify child-residency status before filing to avoid jurisdictional conflicts.

If a spouse does not yet meet the residency requirement, the safest approach is to wait until eligibility is clear. During that time, spouses can prepare supporting documents, gather financial information, and plan living arrangements. Attempting to file too early risks a “dismissed without prejudice” order, forcing a restart of the waiting period. Establishing residency is thus the essential first step—simple but foundational to every divorce proceeding in Texas.

Step 2: Prepare the Original Petition for Divorce

The Original Petition for Divorce formally begins the divorce case. It tells the court who the spouses are, when and where they married, whether they have children, and what relief they seek. Under Texas Family Code § 6.402, the petition must be in writing, signed, and filed with the district clerk. Its tone should be factual and professional; inflammatory language can harm credibility and affect temporary orders later.

The petitioner must state the legal grounds. Most Texans choose “insupportability,” the no-fault basis in § 6.001, which simply means the marriage has become intolerable due to discord. Alternatively, one may allege fault—adultery, cruelty, abandonment, long-term confinement, felony conviction, or living apart for three years (§§ 6.002–6.007). Even when filed as no-fault, fault can still influence how the judge divides community property or awards spousal maintenance.

The petition should list every minor child, identify any pending protective orders, and specify requests such as child custody (conservatorship), visitation, support, spousal maintenance, and division of community property. It may also request a temporary restraining order to prevent one spouse from selling property or closing accounts. Many counties automatically issue “standing orders” that serve this function once the petition is filed.

Accuracy is critical. Misspelled names or incorrect dates can cascade into problems on final decrees, driver-license updates, and Social Security records. Petitioners should review identifying information—full names, birthdates, and addresses—before filing. Using guided tools like LegalAtoms or the Texas LawHelp templates ensures compliance with court formatting and plain-language standards.

Finally, the petition should end with a clear “Prayer for Relief” outlining exactly what the filer wants: dissolution of marriage, fair division of assets, appropriate custody, and any name change. Once signed, the document becomes a permanent public record. While Texas courts do not require notarization of the petition itself, any attached affidavits (e.g., on domestic violence or service) must be notarized. Properly preparing this document sets the tone for the entire case and avoids costly amendments later.

Step 3: File the Petition

Filing transforms a private decision into a public legal action. The petition must be filed in the district court of the county where either spouse meets residency requirements. Most Texas counties use the state’s electronic filing system at eFileTexas.gov, though paper filing remains available for self-represented litigants who prefer in-person submission. Once accepted, the clerk assigns a unique cause number and stamps the petition with the official filing date—this date triggers the mandatory 60-day waiting period under § 6.702.

The filing fee, generally $250 to $350 depending on the county and whether children are involved, covers clerk processing and court records. Petitioners unable to pay can file a “Statement of Inability to Afford Payment of Court Costs” under Rule 145. If approved, the court waives fees for filing, service, and copies. Some counties automatically issue Standing Orders once the petition is filed, preventing either party from disturbing the children’s residence, hiding assets, or shutting off utilities.

Proper filing also involves submitting ancillary documents: the Civil Case Information Sheet, a copy of any existing protective orders, and in cases with children, a “Suit Affecting the Parent-Child Relationship” (SAPCR) data form. If an attorney files electronically, they receive a file-stamped copy instantly through eFileTexas. Self-represented litigants should request one from the clerk before leaving.

After filing, the clerk issues a citation—the formal notice that must be served on the other spouse. The citation, along with a copy of the petition, will later be delivered by a constable or process server. Petitioners should double-check all addresses before filing; errors can cause delays in service. The filing act also starts financial and parenting responsibilities: violating a Standing Order can result in contempt even before the first hearing. Once filed correctly, the case is officially pending in the Texas judiciary, and every subsequent deadline—service, answer, mediation, and trial—flows from that initial date stamp.

Step 4: Serve the Other Spouse

Once a divorce petition is filed, the law requires that the other spouse—the Respondent—be formally notified. This is called “service of process,” and it ensures fairness by giving both parties an opportunity to participate. Under Texas Rules of Civil Procedure 106 and 107, proper service is a prerequisite for any court action. Without it, a judge cannot issue temporary orders, finalize a decree, or enforce obligations. Service is the bridge that converts a private petition into a contested or uncontested legal case.

There are several lawful methods of service. The most common is personal delivery by a sheriff, constable, or certified private process server who hands the citation and petition directly to the Respondent. Another option is certified mail, restricted delivery, with a return receipt requested—though this is less favored because Respondents can refuse to sign. If personal service fails, a Motion for Substituted Service may be filed, requesting permission to leave documents with another adult at the residence, or even by posting or publication in a newspaper. Service by publication requires showing that reasonable efforts were made to locate the Respondent, including checks of known addresses, social media, and family contacts.

When the Respondent’s address is known and they are cooperative, the process can be simplified with a Waiver of Service. This document, signed and notarized, confirms that the Respondent received the petition voluntarily and waives formal service. It must be filed with the clerk within 20 days of signing. Waivers save time and costs and are common in uncontested divorces.

After service is completed, proof must be filed with the court. The process server or constable signs a “Return of Service,” stating the date, time, and method of delivery. The court reviews this proof to ensure compliance before allowing the case to proceed. If the Respondent is not properly served, any judgment—no matter how reasonable—can later be voided for lack of notice.

The timing of service affects all subsequent deadlines. The Respondent’s 20-day window to file an Answer begins on the day after service. Petitioners should monitor this timeline carefully and confirm that the Return of Service is on file. If the Respondent cannot be located for months, the case may stall until alternative service is authorized. Service also plays a psychological role—it marks the point when most spouses begin actively engaging with the process, either through negotiation or counsel.

Best practice is to keep communication professional once service is completed. Threats or pressure to “just sign” documents can backfire and lead to restraining orders. Courts appreciate cooperation; an uncontested acknowledgment of service can significantly shorten the overall case timeline. This stage, while procedural, is one of the most critical in preserving the integrity of the entire divorce process.

Step 5: File an Answer

Once the Respondent has been served, they have the right—and obligation—to file an Answer with the same court. The deadline is strict: under Rule 99(b), the Answer must be filed by 10 a.m. on the Monday following 20 days after service. Missing this deadline allows the Petitioner to request a default judgment, meaning the court may finalize the divorce without the Respondent’s participation.

An Answer is typically brief. It states that the Respondent “enters a general denial” of the allegations in the petition, requiring the Petitioner to prove each claim. This preserves all legal defenses and rights. If the Respondent wants to make their own requests—such as for specific property division, custody, or support—they can file a Counter-Petition for Divorce. This document mirrors the Petitioner’s but outlines the Respondent’s own grounds and relief sought.

Filing an Answer also triggers discovery obligations. Both parties must exchange financial documents—tax returns, pay stubs, insurance policies, and retirement statements—within 30 days of the initial pleadings, under Rule 194. Respondents should also consider hiring legal counsel or using structured self-help resources like LegalAtoms to ensure compliance with form and deadlines.

If the Respondent fails to respond in time, the Petitioner may file a Motion for Default Judgment. The court will schedule a short hearing, and if the judge determines that service was proper, the divorce can be finalized solely on the Petitioner’s terms. To avoid this, Respondents should file even a one-page general denial promptly and seek legal advice later if needed.

Practically, filing an Answer resets the tone of the case. It shifts the dynamic from one-sided to bilateral and opens the path to negotiation or mediation. Respondents can simultaneously request temporary orders if urgent issues—like child custody or financial access—need immediate resolution. The simple act of responding protects their rights and ensures they have a voice in the proceedings.

Step 6: Request Temporary Orders

While the divorce is pending, many couples face urgent issues—where will each spouse live, who will care for the children, and how will bills be paid? Temporary orders provide immediate structure during this uncertain period. Either party can file a Motion for Temporary Orders under Texas Family Code §§ 6.502 and 105.001. These orders can cover temporary conservatorship (custody), visitation schedules, child support, spousal maintenance, and exclusive use of the marital home or vehicle.

The court typically schedules a temporary orders hearing within 30 days of the request. Each side can present testimony, financial records, and witness statements. Judges prioritize stability, continuity for children, and fairness. In practice, temporary orders often shape the final outcome because they establish routines—like custody schedules or payment patterns—that judges hesitate to disrupt later unless circumstances change.

If there is evidence of family violence, courts may also issue protective orders or emergency restraining orders without a full hearing. These orders can prohibit contact, compel a spouse to leave the home, or restrict financial transactions. Violating temporary or protective orders can lead to contempt proceedings, fines, or even jail.

Temporary orders hearings are less formal than trials but still follow evidence rules. It is critical to bring accurate financial disclosures, a proposed parenting plan, and proof of expenses. Judges often decide these matters in short hearings—sometimes less than 30 minutes—so clarity and preparation are key. Parties should avoid emotional arguments and focus on practical solutions that reflect the best interests of children and financial realities.

Once granted, temporary orders remain in effect until modified by the court or replaced by the Final Decree of Divorce. They provide a safety net—ensuring stability and accountability while larger disputes are resolved. Properly handled, this stage can reduce conflict and pave the way toward a smoother, faster final resolution.

Step 7: Discovery Process

Discovery is the information-exchange phase that allows each spouse to uncover facts necessary for fair decisions about property, income, and children. Under Texas Rules of Civil Procedure 192–215, both sides have a continuing duty to disclose relevant material. The goal is transparency—ensuring neither party hides assets or surprises the other at trial.

Formal discovery begins once both the petition and answer are filed. Each side must serve Initial Disclosures within 30 days, listing witnesses, relevant documents, and financial data as required by Rule 194. Parties may issue written questions (interrogatories), requests for production of documents, and requests for admissions. Depositions—sworn interviews recorded by a court reporter—may also be used to preserve testimony. In complex estates, discovery may include subpoenas to banks, employers, or retirement plan administrators.

Typical documents exchanged include tax returns, pay stubs, credit-card statements, real-estate appraisals, vehicle titles, and account ledgers. In cases involving children, school and medical records help assess parenting capabilities and needs. If a spouse suspects hidden assets, forensic accountants can trace financial transfers through discovery tools. Courts can compel compliance or sanction parties who obstruct discovery through fines, attorney-fee awards, or striking of pleadings under Rule 215.

Discovery is not purely adversarial. It also informs negotiation and mediation by clarifying the financial landscape. Early transparency often prevents unnecessary litigation. Parties should organize disclosures carefully, labeling each exhibit consistently and maintaining electronic copies. In uncontested divorces, limited discovery may suffice, but even then, both spouses must exchange sworn financial information to allow an informed agreement.

Failing to conduct thorough discovery is a common—and costly—error. Hidden debts or omitted assets discovered after the decree can reopen litigation. Using structured digital tools such as LegalAtoms’ document-request templates helps ensure compliance, accuracy, and auditability throughout this critical stage.

Step 8: Negotiation or Mediation

Mediation and negotiation form the backbone of modern Texas divorce practice. Most courts require mediation before trial because it saves time, lowers cost, and empowers parties to craft customized solutions. Under Texas Civil Practice & Remedies Code § 154.021, a court may refer a case to mediation, and once the spouses sign a Mediated Settlement Agreement (MSA) that meets statutory requirements, it is binding and enforceable.

During mediation, a neutral third-party mediator facilitates discussions in a confidential environment. Sessions can be joint or held in separate rooms (known as “caucuses”) to reduce tension. Topics include property division, debt allocation, parenting schedules, decision-making authority, and financial support. Mediators encourage creative trade-offs—such as exchanging home equity for reduced maintenance or adjusting visitation for flexible work schedules—that a judge might not impose.

Preparation is critical. Each spouse should bring a verified inventory of assets and debts, proposed budgets, and any custody proposals. Mediation typically lasts one full day; complex cases may require multiple sessions. If full agreement is reached, the mediator drafts the MSA, which is filed with the court and later incorporated into the Final Decree of Divorce. Even partial settlements narrow remaining trial issues, saving considerable expense.

Unlike courtroom proceedings, mediation is private and non-adversarial. Statements made there are confidential and cannot be used at trial, encouraging openness. If one party acts in bad faith or refuses to participate meaningfully, the mediator may report impasse, allowing the case to proceed to trial. However, more than 80 percent of Texas divorces resolve through mediation—demonstrating its effectiveness.

For self-represented litigants, county dispute-resolution centers often provide low-cost mediators. Whether handled privately or through the court, mediation is usually the turning point: it transforms contention into collaboration and lets couples exit marriage with dignity rather than defeat.

Step 9: Trial

If mediation fails, the case proceeds to trial, where a judge—or in limited issues, a jury—makes final determinations. Trials are governed by the Texas Rules of Evidence and Civil Procedure. They can range from short hearings to multi-day proceedings involving witnesses, exhibits, and expert testimony. The Petitioner presents their case first, followed by the Respondent’s defense and any counter-claims.

Judges decide matters such as property division, custody, and support. Under Texas Family Code § 7.001, community property must be divided in a manner that is “just and right,” not necessarily 50/50. Factors include disparity in earning power, fault in the breakup, and child-care responsibilities. For custody, courts apply the “best interests of the child” standard (§ 153.002), prioritizing stability, parental involvement, and safety.

Each side presents evidence: financial ledgers, communications, valuations, and witness testimony. Expert appraisers, psychologists, or CPAs may testify. Judges value concise, organized presentation—clear timelines, labeled exhibits, and calm demeanor carry more weight than emotional appeals. In jury trials (available for certain custody and property issues under § 105.002), jurors answer specific factual questions, while the judge crafts the final decree consistent with their findings.

After closing arguments, the judge issues rulings orally or in writing, which later appear in the Final Decree of Divorce. Trials can be expensive and emotionally draining; however, they remain essential when one spouse conceals information or refuses compromise. The key to success lies in preparation: organized exhibits, credible witnesses, and realistic expectations of outcomes under Texas law.

Step 10: Final Decree of Divorce

The Final Decree of Divorce is the definitive judgment that dissolves the marriage. It memorializes every court order—property division, debt allocation, child custody (conservatorship), visitation, child support, and spousal maintenance. Once signed by the judge, it carries full legal force. Both spouses are bound to comply, and violations can lead to contempt proceedings or wage garnishment.

Precision matters. Ambiguous decrees invite post-judgment litigation. Each clause should specify who must act, by when, and how compliance will be verified—e.g., “Petitioner shall refinance the marital residence within 120 days.” The decree should also address name changes (§ 6.706), health-insurance continuation, retirement-account divisions through Qualified Domestic Relations Orders (QDROs, § 9.101), and tax-dependency claims.

After signing, each party should obtain certified copies for banks, employers, and title companies. They must update beneficiaries, deeds, vehicle titles, and estate documents to reflect single status. Courts retain enforcement jurisdiction, so either spouse may later file a Motion to Enforce if obligations are ignored. The decree closes the legal chapter of marriage but often opens practical follow-ups—completing transfers, closing joint accounts, and establishing new financial independence.

Because the decree becomes public record, sensitive personal identifiers should be redacted where possible. Self-represented litigants can request guidance from the clerk on formatting QDROs or child-support income-withholding orders. Once entered, the decree stands as the official proof of divorce recognized statewide and by federal agencies.

Costs Associated

Filing fees in Texas typically range $250–$350. Service of process adds $75–$150; mediation may cost $200–$500 per party; attorney fees, if hired, can exceed $3,000–$10,000 depending on complexity. Parties with limited means may submit a Statement of Inability to Afford Payment of Court Costs (Rule 145) to waive filing and service fees. Online platforms such as LegalAtoms can reduce overall expense by preparing court-ready forms and guiding e-filing.

Time Required

Texas imposes a 60-day statutory waiting period (§ 6.702) between filing and finalization to allow reflection and potential reconciliation. Uncontested divorces often conclude shortly after this window—about 70–90 days total. Contested cases involving discovery, mediation, or trial can extend 6–18 months depending on county dockets and complexity. Temporary orders remain in place throughout to preserve stability.

Limitations of Divorce in Texas

• Mandatory 60-day waiting period before finalization.
• Spousal-maintenance eligibility narrowly limited by § 8.051.
• Community-property rules may appear inequitable when one spouse earns substantially more.
• Courts cannot divide property located entirely outside Texas unless jurisdiction is established.
• Complex or high-asset cases require extensive discovery and expert valuation, prolonging resolution.

Risks and Unexpected Problems

• Emotional and financial strain on both spouses and children.
• Missed deadlines leading to default judgments or loss of rights.
• Hidden assets discovered post-decree triggering new litigation (§ 9.201).
• Non-compliance with court orders resulting in enforcement actions or license suspension.
• Ambiguous decree language creating confusion in property transfer or child-custody execution.

Sources

• Texas Courts
• Texas Family Code
• eFileTexas.gov
• State Bar of Texas