Texas Divorce Filing Guide for Beginners

Filing for a Texas divorce can seem stressful, but knowing the steps helps. In Texas, you must meet certain residency rules before filing for divorce. After that, the time it takes depends on your case type. If your Texas divorce is uncontested, it usually takes 2-3 months. This is after a required 60-day waiting period. Contested Texas divorces take longer, sometimes 9 months or even years. Understanding the Texas divorce process helps you get ready for each step.

Understanding Texas Divorce Rules

Filing for divorce in Texas means following certain legal rules. Before starting, it’s important to know these rules to avoid problems. Let’s look at the main requirements.

Texas Residency Rules

To file for divorce in Texas, you or your spouse must meet residency rules. These rules let Texas courts handle your case. Here’s what they require:

• You or your spouse must live in Texas for six months.

• One of you must live in the filing county for 90 days.

If you don’t meet these rules, you’ll need to wait. Residency rules are strict, so check your timeline before filing.

Reasons for Divorce in Texas

Texas allows divorce for specific reasons. The most common is "insupportability," meaning the marriage isn’t working due to conflicts. This is called a no-fault divorce.

Other reasons include:

• Cheating

• Cruel treatment

• Abandonment

• Serious crime conviction

• Living apart for three years

• Mental hospital confinement

Most people choose insupportability because it’s easier. If you claim fault-based reasons like cheating, you’ll need proof. This could be documents, witness statements, or financial records.

Contested vs. Uncontested Divorce in Texas

Divorces in Texas are either contested or uncontested. Knowing the difference helps you plan your case.

• Uncontested Divorce in Texas: Both spouses agree on all issues like property and custody. It’s faster, cheaper, and less stressful. But without a lawyer, you might miss important details or accept unfair terms.

• Contested Divorce: Spouses disagree on major issues, leading to court involvement. A judge decides on matters like assets or custody. These divorces take longer and cost more but handle complex issues better.

To start your Texas divorce, decide if it’s contested or uncontested. This choice affects the whole process.

Step-by-Step Guide to File for Divorce in Texas

Consulting an Attorney (Optional)

You don’t have to hire a divorce attorney, but it helps. Texas divorce laws can be confusing, especially with property, kids, or support. A lawyer explains your rights and ensures you follow all steps.

Here’s why getting a lawyer might help:

• They explain divorce types and help you choose contested or uncontested.

• They guide you through the steps and Texas legal rules.

• They help write a strong petition, especially for fault-based divorces like cruelty.

If you feel confident doing it alone, skip this step. But for tough cases, a lawyer can save time and stress.

Tip: Many lawyers offer free first meetings. Use this to ask questions and decide if you need one.

Preparing and Filing the Divorce Petition

The divorce petition starts your case. It lists your reasons, property requests, and custody plans. Filing it correctly avoids delays.

Steps to prepare and file your petition:

1. Understand Grounds for Divorce: Choose no-fault (insupportability) or fault-based reasons like cruelty.

2. Draft the Petition: Write the Original Petition for Divorce. Include marriage details, reasons, and temporary requests.

3. File the Petition: Submit it to your county’s district court. Check residency rules first.

4. Pay Filing Fees: Fees are $250-$300, depending on your county.

Note: Unsure how to write the petition? Use online forms or ask a lawyer for help.

Serving Divorce Papers

After filing, you must notify your spouse by serving papers. This step tells them about the case and lets them respond.

Ways to serve divorce papers in Texas:

• Personal Service: A constable, sheriff, or process server delivers papers to your spouse.

• Certified Mail: Papers are mailed and need a signature when received.

• Substituted Service: If personal service fails, papers go to someone at their home.

• Service by Publication: If you can’t find your spouse, publish a notice in a local paper.

Tip: Keep proof of service. The court needs this to show your spouse was notified.

Responding to Temporary Orders

Temporary orders are rules for your divorce while it’s ongoing. They cover things like child custody, payments, and property use. Following these orders is important because they can affect your final divorce outcome.

Here’s how to handle temporary orders:

• Get Ready: Collect papers like pay stubs, bills, and proof of income. These help support your claims.

• Obey the Rules: Follow the orders carefully. Breaking them can lead to fines or other penalties.

• Ask for Changes: If your situation changes, you can request updates. For example, losing a job might mean lower payments.

• Find Support: Witnesses can help prove your case, especially for custody or money issues.

Tip: Temporary orders are serious. If you’re unsure about them, ask a lawyer for advice.

Financial Disclosures and Documentation

Sharing money details is a big part of divorce. Texas courts need both spouses to show their finances. This helps make fair decisions about property, payments, and other issues.

Here’s what to do:

1. Gather Papers: Collect pay stubs, tax forms, and bank statements. Keep them neat and ready to use.

2. Fill Out Forms: Texas courts often ask for a sworn list of assets and debts. Write down everything you own and owe.

3. Be Honest: Tell the truth about your finances. Hiding money can lead to trouble or bad rulings.

4. Check Your Spouse’s Info: Look closely at what your spouse shares. If something seems wrong, tell the court.

Note: Sharing financial info isn’t just paperwork—it’s key to a fair divorce in Texas.

Negotiating Settlements or Mediation

Settling or using mediation can save time and money. Mediation is when a neutral person helps both spouses agree on things like property, child custody, and payments.

Here’s how mediation works:

• Prepare First: Before mediation, gather papers and decide what matters most to you. This makes talks easier.

• Talk It Out: A mediator helps both sides understand each other. This often leads to fair compromises.

• Sign Agreements: After agreeing, the mediator writes it down. Both sides sign, and it goes to court for approval.

Mediation is flexible and works for many situations. For example, one couple split their property and made a parenting plan for their kids. Another dad worked out child support and health insurance for his children.

Tip: Mediation works best when both sides are ready to compromise. Stay open-minded and focus on solutions.

Finalizing the Divorce Process

Finishing your divorce in Texas takes a few important steps. Each step moves you closer to the end, whether you agree with your spouse or need a court decision. Let’s break it down so it’s easier to follow.

1. Check the Settlement or Get Ready for Trial

If you and your spouse agreed during mediation, great job! You’re almost done. The next step is to carefully check the settlement. Make sure it includes everything, like dividing property, child custody, and support payments.

If no agreement was made, your case goes to trial. A judge will decide on the issues you couldn’t settle. Trials can feel scary, but being prepared helps. Gather your papers, organize your points, and get ready to explain your side.

Tip: Even if a trial is coming, stay open to last-minute deals. Sometimes, agreements happen just before the trial starts.

2. Go to the Final Hearing

The final hearing is when the judge reviews your case and signs the divorce decree. If you’ve settled, this part is simple. You’ll show the signed agreement, and the judge will check if it’s fair and legal.

For contested divorces, the hearing may include evidence, testimony, and arguments. The judge listens to both sides before deciding.

Here’s what usually happens at the final hearing:

• The judge looks at the settlement or hears contested arguments.

• Both spouses might need to speak under oath.

• The judge signs the divorce decree, making it official.

Note: The divorce decree is the paper that officially ends your marriage. Keep a copy for your records.

3. Learn About the Divorce Decree

When the judge signs the decree, your divorce is complete. This paper lists all the rules, like who gets what property, custody plans, and money responsibilities.

Take time to read it carefully. Understand what you need to do and what your rights are. If something is confusing, ask your lawyer or the court for help.

4. Complete Post-Divorce Tasks

After the divorce, you must follow the decree’s rules. This could include:

• Changing property titles or bank accounts.

• Setting up child or spousal support payments.

• Following custody and visitation schedules.

Not following these rules can cause legal problems, so stay on top of them.

Real-Life Example: A Long Separation Case

In one Texas case, a couple separated in 1959 but didn’t divorce until 1996. The husband argued that all property gained during the separation was community property. This shows how Texas handles property, even after long separations.

Mediation’s Role in Finalizing Divorce

“Mediation is when both sides meet with a neutral person to solve disagreements. In Texas, courts often require mediation before finishing a divorce.”

If you haven’t done mediation yet, the court might ask for it before finalizing your divorce. Mediation can make things easier and avoid a long trial.

Steps in the Divorce Process

Here’s a quick list of the main steps to finish your divorce in Texas:

1. Separation

2. Filing the Original Petition for Divorce

3. Serving the Divorce Papers

4. Responding with an Answer or Counter-Petition

5. Temporary Orders Hearing

6. Discovery (sharing financial and other information)

7. Mediation

8. Trial (if needed)

9. Final Hearing
   10. Post-Divorce Tasks

Each step builds on the one before, leading to the final result.

Reminder: Divorce can be hard emotionally, but staying organized and informed makes it easier to handle.

By knowing these steps and staying active in the process, you’ll be ready to finish your divorce and move forward with your life.

Costs and Timelines for Texas Divorce

Filing Fees and Court Costs

The cost to file for divorce in Texas depends on your case and county. Uncontested divorces are cheaper, costing between $300 and $1,200. Contested divorces are more expensive, starting at $5,000 and going over $20,000. Bigger counties like Harris or Dallas may charge slightly higher fees than smaller ones.

When filing, you’ll pay court fees of $250 to $350. Some counties might also ask for extra fees, like for parent education classes. These costs can add up fast, so check with your local court first.

Tip: Worried about money? Ask the court about fee waivers. If you’re struggling financially, you might qualify.

Attorney Fees and Other Expenses

Lawyer fees in Texas depend on their experience and where they work. Hiring a lawyer usually costs $200 to $500 per hour. On average, lawyers charge about $267 per hour, with cities like Houston and Austin being more expensive.

Here’s a list of common costs:

• Court filing fees: $250–$350

• Lawyer hourly rates: $200–$500

• Contested divorce costs: $5,000–$20,000+

• Uncontested divorce costs: $300–$1,200

Other costs might include mediation, parent classes, or document prep. These depend on how complicated your case is.

Note: Uncontested divorces cost less because they skip long court fights.

Typical Duration of Divorce Proceedings in Texas

How long a divorce takes in Texas depends on if it’s contested or not. Here’s a simple timeline:

Uncontested divorces usually take 2–3 months to finish. Contested divorces can last 9 months or more. The 60-day waiting period is required, so even simple cases take at least that long.

Reminder: Being organized and cooperative can make the process faster.

Additional Considerations for Texas Divorce

Property Division in Texas Divorce

Splitting property in a divorce can feel stressful. Texas uses community property laws. This means most things earned or bought during the marriage are shared equally. But, items owned before marriage or received as gifts or inheritance are separate property.

When dividing property, courts consider many things. They look at each spouse’s money situation, their role in the marriage, and future income potential. For instance, if one spouse stayed home to raise kids, they might get more of the shared property.

Did you know? About 70% of divorces in Texas are started by women. Money problems and big disagreements are common reasons couples split.

Alimony and Spousal Support

Alimony, also called spousal support, helps one spouse stay financially stable after divorce. In Texas, there’s no set rule for how much alimony is. Judges decide based on each case. They think about things like how long the marriage lasted, each spouse’s money, and if the dependent spouse can earn enough to live on.

• Things that affect alimony include:

  • Age and health of both spouses

  • Job skills and education levels

  • Who takes care of the kids

  • Past family violence

Alimony payments are limited to $5,000 a month or 20% of the paying spouse’s income, whichever is less. Payments can be short-term or long-term, depending on the needs of the dependent spouse.

Child Custody and Visitation

In Texas, child custody decisions focus on what’s best for the child. Courts often prefer joint custody so both parents share duties. But if one parent is unsafe, their visitation may be restricted.

• Key facts about custody in Texas:

  • Around 25% of U.S. kids live with one parent.

  • Texas courts aim to create stable homes for children.

  • Custody plans depend on the child’s age, health, and bond with each parent.

Tip: Working well with your ex-spouse can improve custody results. It also helps reduce stress for your child.

Child Support Responsibilities

Child support helps take care of kids after a divorce. In Texas, courts use an "income percentage" system to decide payments. The parent without custody pays part of their net income. The amount depends on how many kids are involved. For example:

• One child: 20% of net income

• Two children: 25% of net income

• Three children: 30% of net income

Courts might change these amounts for special cases, like medical needs or shared custody.

If you’re getting child support, track all payments carefully. If payments stop, you can ask the court for help. You can file a motion to enforce child support. This shows what’s owed and what’s been paid. The court can then make sure payments continue.

Tip: Write down every payment, including dates and amounts. These records are useful if you need to enforce payments.

When a parent doesn’t pay child support, the unpaid amount becomes a court judgment. This means it can be collected through legal actions, like taking wages or placing liens on property. Interest adds up on unpaid amounts, so staying current is important.

Child support isn’t just about money—it’s about giving kids a stable life. Whether you’re paying or receiving, knowing the rules helps you handle the process better. If you’re unsure about your rights or duties, talk to a family lawyer for advice.

Reminder: Paying child support is required by law. Ignoring it can lead to big problems, like fines or even jail time.

Getting a divorce in Texas might seem hard, but taking it step by step helps. When the court gives its final decision, issues like property, custody, and support are settled. A case is "finished" when all problems are solved, showing it’s complete.

• Follow court rules to avoid problems later.

• About 1 in 5 divorces face more legal fights over things like custody or support.

By learning the process and staying prepared, you can handle it well and move on with confidence.

FAQ

What is the 60-day waiting period in Texas divorces?

In Texas, you must wait 60 days after filing for divorce. This time lets both spouses think or fix problems. The court won’t finish your divorce until this time passes, unless family violence is involved.

Can I file for divorce without a lawyer?

Yes, you can handle it yourself, especially for simple cases. But a lawyer can help avoid mistakes. If your divorce involves property, kids, or disagreements, legal help can save effort and worry.

How is child custody decided in Texas?

Courts focus on what’s best for the child. They look at each parent’s role, the child’s needs, and living setup. Joint custody is common, but unsafe parents may get limited visits.

What happens if my spouse doesn’t respond to the divorce papers?

If your spouse ignores the papers for 20 days, you can ask for a default judgment. This means the court might approve your divorce terms if they follow Texas rules.

Can I change my name during the divorce process?

Yes, you can ask for a name change in your divorce request. The court will include it in the final papers. Many people go back to their maiden names after divorce.

Tip: Check your final papers to make sure the name change is listed before it’s done.

See Also

A Complete Process for Divorce Filing in Texas

Simplifying the Divorce Filing Process in Texas

Initiating Your Divorce Journey in Texas Explained

A Detailed Overview of Military Divorce in Texas

Getting Ready for the Challenges of Texas Divorce