Overview

The divorce process in Texas is governed by state law and is intended to provide a legal framework for ending a marriage in a fair and orderly way. A divorce, also known as “dissolution of marriage,” may address issues such as property division, child custody, child support, and spousal maintenance. Texas law requires at least one spouse to have lived in the state for six months and in the county of filing for at least 90 days before filing. Unlike some other states, Texas is a “no-fault” divorce state, which means a spouse can seek divorce without proving fault. However, fault grounds like adultery or cruelty may still affect property division or custody. The process generally involves filing a petition, serving the other spouse, waiting out a 60-day cooling-off period, negotiating or litigating disputes, and ultimately receiving a final decree. This system aims to balance efficiency, fairness, and the protection of the rights of spouses and children involved.

Who Benefits and Who Can Apply

The Texas divorce process benefits spouses who seek a structured, legally recognized end to their marriage. This includes individuals needing resolution of property disputes, child custody, or support arrangements. Either spouse may apply for divorce, regardless of whether the other agrees. In some cases, a legal guardian or representative may file on behalf of someone unable to act on their own, such as an incapacitated adult. Divorces also serve children’s best interests by setting enforceable custody and support orders.

Benefits of Divorce in Texas

• Provides a legally recognized termination of marriage.
• Ensures fair division of marital property under community property laws.
• Establishes child custody and visitation orders prioritizing best interests of the child.
• Allows for spousal maintenance where applicable.
• Resolves disputes in a structured, enforceable way.

Step-by-Step Process

Step 1: Determine Eligibility

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 where the divorce will be filed for at least 90 days. This residency requirement ensures that the Texas courts have jurisdiction over the case. If neither spouse meets these requirements, the divorce must be filed in another state where one of them resides.

Step 2: Filing the Petition

The divorce process begins when one spouse (the Petitioner) files an “Original Petition for Divorce” with the district court. This petition outlines basic information about the marriage, requests for property division, child custody, or support, and states the grounds for divorce. The petition is filed with the clerk of the court and assigned a cause number.

Step 3: Serving the Other Spouse

Once the petition is filed, the other spouse (the Respondent) must be formally notified. This is called “service of process” and can be carried out by a sheriff, constable, or private process server. Alternatively, the Respondent may sign a waiver of service. Proper service is critical, as the case cannot proceed without it unless waived.

Step 4: Responding to the Petition

The Respondent has the opportunity to file an answer with the court, typically within 20 days plus the following Monday from the date of service. The answer may agree, disagree, or counter-petition. Failing to respond may allow the court to proceed by default judgment.

Step 5: Temporary Orders

Either spouse can request temporary orders during the divorce proceedings. These orders may cover child custody, visitation, temporary support, or exclusive use of the marital home. Temporary orders provide stability while the case is pending.

Step 6: Discovery Process

Discovery is the legal process of gathering information. This may involve exchanging financial documents, answering written questions (interrogatories), or taking depositions. Discovery ensures transparency and helps the court make informed decisions.

Step 7: Negotiation and Mediation

Many divorce cases settle out of court through negotiation or mediation. Mediation is often required by Texas courts before trial. A neutral mediator helps spouses reach agreements on property, custody, and support issues. Settlements are generally faster and less costly than trials.

Step 8: Trial

If the parties cannot reach an agreement, the case proceeds to trial. The judge hears evidence and makes rulings on contested issues. In some cases, a jury may be involved, particularly concerning child custody or property division.

Step 9: Final Decree of Divorce

Once all issues are resolved, the judge signs a “Final Decree of Divorce.” This legally ends the marriage and sets out binding orders on property division, custody, and support. Both parties must comply with the decree, and enforcement can be sought through the court if necessary.

Step 10: Post-Divorce Issues

After divorce, issues such as enforcement or modification of custody, support, or property orders may arise. Either spouse can return to court if circumstances change significantly, such as a job loss or relocation.

Costs Associated

Filing fees for divorce in Texas typically range from $250 to $350, depending on the county. Additional costs may include service fees, attorney’s fees, mediation costs, and expenses related to discovery. Fee waivers may be available for those with financial hardship.

Time Required

Texas law requires a minimum 60-day waiting period from the date the petition is filed before a divorce can be finalized. However, contested divorces involving disputes over property, custody, or support can take months or even years, depending on complexity and court schedules.

Limitations of Divorce in Texas

• Mandatory 60-day waiting period before divorce is final.
• Community property laws may not reflect individual contributions.
• Spousal maintenance is limited compared to other states.
• Complex cases can involve lengthy and costly litigation.

Risks and Unexpected Problems

• Emotional strain on spouses and children.
• Unexpected financial obligations such as support or debt allocation.
• Potential for contentious custody battles.
• Enforcement issues if one spouse fails to comply with the decree.

Sources

• Texas Courts
• State Bar of Texas