What You Need to Know About Texas Divorce Steps

By: myVATA

·June 18, 2025

·15 min read

What You Need to Know About Texas Divorce Steps — Image Source: pexels

The steps to divorce in Texas follow a clear path. First, you must meet the residency requirement by living in Texas for at least six months. Then, you start the divorce process by filing a petition. The steps include serving your spouse, waiting for the mandatory 60-day period, and finalizing the case. Texas divorce can be contested or uncontested. If both agree, the steps move faster. If you disagree, the process takes longer.

Texas Divorce Process Overview

Steps to Divorce in Texas

You will follow a series of clear steps to complete the texas divorce process. Each step helps guide you from the beginning to the end of your divorce process. Here are the main steps to divorce in Texas:

Residency Requirement: You or your spouse must have lived in Texas for at least six months and in your county for at least 90 days before you file.
File Petition: You start by filing a divorce petition in the district court.
Serve Spouse: You must serve the divorce papers to your spouse. Your spouse has 20 days to respond.
Spouse’s Response: Your spouse can file an Answer within 20 days. If your spouse does not respond, the divorce may move forward without them.
Temporary Orders: Either you or your spouse can ask the court for temporary orders. These orders can cover child custody, support, or who stays in the home.
Settlement and Waiting Period: Texas law requires a 60-day waiting period before the divorce can be finalized. During this time, you may negotiate, try mediation, or prepare for trial.
Final Divorce Order: After all issues are settled, the court issues a final divorce decree. This order ends your marriage and covers all divorce matters.

Tip: The steps to filing for divorce may take longer if you and your spouse disagree on important issues. Complex cases can last several months or more.

Residency and Waiting Period

You must meet certain rules before you can start the steps to divorce in Texas. Texas law says you do not need to live apart before you file for divorce. However, you or your spouse must have lived in Texas for at least six months and in your county for at least 90 days. If you and your spouse live in different counties, you can file in either county if you both meet the 90-day rule.

After you file, Texas law requires a 60-day waiting period before the court can finalize your divorce. This waiting period acts as a cooling-off time. Most people use this time to work out agreements or prepare for court. The divorce process can take longer if your case is complicated or if you and your spouse cannot agree.

Texas has a lower divorce rate than the national average.
The average divorce process in Texas lasts from a few months to longer, depending on how complex your case is.
The 60-day waiting period is mandatory, except in cases involving family violence.

File a Divorce Petition

Where to File

You need to file a petition for divorce in the right court. In Texas, you must file in the district court of the county where you or your spouse has lived for at least 90 days. This rule helps the court know it has the right to handle your case. After you file a petition for divorce, the court clerk will give you a case number. You will use this number for all your divorce documents.

Tip: If you and your spouse live in different counties, you can choose either county as long as you both meet the 90-day rule.

What to Include

When you file a divorce petition, you must complete several important steps. The steps to filing for divorce start with filling out the Original Petition for Divorce. This document tells the court you want to end your marriage. You also need to include information about children, property, and any agreements you have made.

Here is a simple list of what you need to do when you file a petition for divorce:

Fill out the Original Petition for Divorce and any other required forms.
Submit your forms to the court clerk, either in person or online.
Pay the court filing fee. Sometimes, you and your spouse agree on how to split this cost.
Serve your spouse with the divorce papers or get a waiver of service if your spouse agrees.
Wait the mandatory 60-day period before the court can finalize your divorce.

Filing a divorce in Texas means you must follow these steps carefully. If your spouse does not respond after being served, you may need to show the court that you tried to notify them. This can help you move forward with your case.

Remember, each case is different. If you have questions about how to file a petition for divorce, you can ask the court clerk or talk to a lawyer.

Serve Divorce Papers

Notifying Your Spouse

You must notify your spouse about the divorce by serving them with the divorce papers. Texas law requires you to follow specific steps to make sure your spouse knows about the case. You can use a process server, constable, or sheriff to deliver the papers in person. Sometimes, your spouse may avoid being served or cannot be found. In these cases, Texas courts allow alternative methods.

Here are some real examples of how people have served divorce papers in Texas:

A person tried to serve their spouse in person but could not find them. The court allowed service through Facebook after the person showed they tried traditional methods first.
Another person could not locate their spouse after many attempts. The court approved service by publication, which means posting a notice in a newspaper. This led to a default judgment and the divorce moved forward.
Some people use service by posting or substituted service. The court must approve these methods if regular service does not work.

Note: If your spouse lives in another country, you may need to use an international agent. One case involved a spouse in Poland who refused to accept the papers. The person serving the papers had to follow special rules and get help from professionals to make sure the service was valid.

Waiver of Service

Your spouse can sign a waiver of service if they agree to the divorce and do not want to be formally served. This document tells the court that your spouse knows about the case and does not need official delivery of the papers. You must file the signed waiver with the court. The waiver must be signed after you file the petition and must be notarized.

A waiver of service can save time and money. It also helps the process move forward smoothly if both of you agree on the divorce. If your spouse changes their mind, they can still respond to the case before the court finalizes the divorce.

Responding to the Petition

How to Respond

When you receive divorce papers in Texas, you need to act quickly. The law gives you a strict deadline to file your answer. Missing this deadline can affect your rights in the divorce. Here is what you should do:

Read the Petition Carefully: Look at every part of the divorce petition. Check what your spouse says about property, child custody, and support. Make notes about anything you agree or disagree with.
Know Your Deadline: You must file your answer by 10:00 a.m. on the Monday after 20 days from the day you were served. For example, if you get served on a Tuesday, count 20 days, then go to the next Monday.
Prepare Your Answer: Use the correct form, called the Respondent’s Original Answer (FM-DivB-102). This form tells the court you want to take part in the case.
File Your Answer: Take your answer to the courthouse or use the e-filing system. Pay any fees, or ask for a fee waiver if you need one.
Consider a Counter-Petition: If you want to make your own requests or disagree with your spouse’s claims, you can file a counter-petition.
Seek Legal Advice: Talking to a lawyer can help you understand your rights and options.

Tip: Hearings for temporary orders often happen within 14 days after the petition is filed. Responding on time helps you have a say in these early decisions.

No Response Consequences

If you do not respond to the divorce petition, the court can move forward without you. This is called a default judgment. After the 60-day waiting period, your spouse can ask the court to grant the divorce and decide on property, custody, and support. You might lose your chance to share your side or ask for what you want.

The court may approve everything your spouse asks for in the petition.
You may not get notice about future hearings or decisions.
You could lose rights to property, custody, or support.

Note: Always respond before the deadline. Filing your answer protects your rights and lets you take part in the divorce process.

Temporary Orders

When Needed

You may need temporary orders during your divorce if you and your spouse cannot agree on important issues. These orders help set rules while your case moves through the court. Temporary orders can cover things like who lives in the family home, who pays bills, and how you share time with your children.

About 60% of fault-based divorces in Texas involve adultery. This often leads to disagreements about property and support, making temporary orders necessary.
Women start about 69% of divorce cases in Texas. Many of these cases need quick decisions about child custody and support.
In divorces with children, courts grant custody to women in 42.7% of cases and to men in 18.7%. These numbers show that custody disputes are common and often need temporary solutions.
Same-sex marriages have grown by 51% since 2020. New family structures may need special temporary orders.
Temporary orders can also protect you if you fear your spouse may hide assets or if you need a safe place to live.
Courts may issue temporary restraining orders if there is family violence or a need for immediate protection.

Tip: Temporary orders stay in place until the court makes a final decision or you and your spouse reach an agreement.

Common Issues

Temporary orders address many problems that come up during divorce. You may face challenges with child custody, support, or dividing property. Courts use these orders to keep things fair and safe while you work out the details of your divorce.

Child custody and support often cause the most conflict. Courts focus on what is best for your child.
Money issues, like who pays the bills or who gets to use the car, are common. Temporary orders help manage these problems.
Some spouses do not cooperate or miss court dates. Temporary orders keep the process on track and protect your rights.
Courts use temporary orders to keep things stable. This gives you and your spouse time to negotiate or even try to reconcile.

Temporary orders help you maintain order and protect your interests while your divorce moves forward.

Settlement and Mediation

Negotiation Process

You can often settle many divorce issues through negotiation before going to court. This process lets you and your spouse talk about property, child custody, and support. You may work directly with your spouse, or you can ask your divorce lawyer to help guide these talks. Good negotiation helps you avoid a long and expensive trial.

Many couples in Texas reach agreements by meeting with their attorneys before pretrial hearings. Judges sometimes give feedback to help you and your spouse find common ground. If you settle some issues but not all, you can leave the rest for the court to decide. This gives you more control over the outcome.

Negotiating calmly and honestly leads to better results.
Personal negotiation is often the least expensive way to settle.
Poor communication or anger can make the process harder and more costly.

Tip: If you and your spouse cannot agree, a divorce lawyer or mediator can help you keep talks on track and avoid unnecessary conflict.

Mediation in Texas

Mediation gives you a chance to resolve disputes with the help of a neutral third party. In Texas, courts often require mediation before trial. The mediator does not take sides or give legal advice. Instead, the mediator helps you and your spouse talk openly and find solutions that work for both of you.

Mediation is usually faster, less expensive, and less stressful than going to trial. The process is private and encourages cooperation. You can discuss child custody, support, and property division in a safe setting. Once you reach an agreement, you and your divorce lawyer sign a Mediated Settlement Agreement. This agreement becomes legally binding.

Mediation works well for uncontested and contested divorces.
You save money and time by avoiding court.
Mediation helps protect relationships, especially when children are involved.

Note: Texas law supports mediation because it leads to fair, lasting solutions. If mediation does not work, your talks stay confidential and cannot be used in court.

Discovery in Contested Divorce

What Is Discovery

Discovery is a formal process in contested Texas divorces. You and your spouse exchange important information about your finances, property, and other facts. This step helps both sides understand the case and prepare for court. Most divorces in Texas are uncontested, so only about 10% of cases need discovery. If you and your spouse cannot agree, discovery becomes necessary.

Discovery follows strict rules and timelines. You must respond to requests quickly, or you could lose the right to use certain evidence. The main goal is to avoid surprises at trial and make sure both sides know the facts. Texas uses different levels of discovery, depending on your case. For example, Level 1 applies to divorces without children and with a small marital estate. Level 2 covers most family law cases. Level 3 is for complex cases and may allow more time and questions.

Tip: Discovery can be expensive. The median cost of divorce is $7,000, but if your case is contested and involves discovery, costs can reach $20,000 or more.

Here is a table showing the main types of discovery and their purpose:

Type of Discovery	Purpose
Required Disclosure	Share basic information and documents
Interrogatories	Answer written questions under oath
Requests for Admission	Admit or deny specific facts
Requests for Production	Provide documents or evidence
Depositions	Give sworn testimony before trial

Information Shared

During discovery, you must share many types of information. This includes financial records, property details, and information about your children. You may need to answer written questions, called interrogatories, or provide documents like tax returns and bank statements.

Here are some common discovery tools and what they cover:

Written Interrogatories: You answer up to 25 questions under oath. These questions ask about your finances, job, and family life.
Requests for Production: You provide documents, emails, photos, and other evidence. You usually have 30 days to respond.
Depositions: You give in-person testimony, which a court reporter records. Each side gets up to 6 hours per witness.
Subpoena Duces Tecum: The court can order banks or other people to give important documents.
Deposition by Written Questions: Non-parties answer written questions under oath.

You also exchange initial disclosures, which include lists of assets, debts, and information about child support or health insurance. If you do not respond on time, the court may exclude your evidence or rule against you.

Sharing information during discovery helps both sides prepare for trial and encourages fair settlements.

Final Hearing and Decree

What to Expect

You will attend a final hearing if you and your spouse cannot agree on all divorce issues. The judge listens to both sides and reviews your documents. You may need to answer questions about your children, property, and debts. The judge wants to understand your situation before making decisions.

At the final hearing, the court addresses several important topics:

Rights and duties related to your children
Possession and access schedules for your children
Child support amounts and payment plans
How to divide your assets, such as your house, cars, and savings
How to split debts, like loans or credit cards

Some counties in Texas require you to complete mediation or file a sworn inventory of your assets before the hearing. These steps help the judge see a clear picture of your finances and family needs.

Tip: Bring all your paperwork, including financial records and any agreements you have made. This helps the judge make fair decisions.

Finalizing the Divorce

After the hearing, the judge signs a final decree of divorce. This document ends your marriage and explains the court’s decisions. The decree covers child custody, support, property division, and debt responsibility. You must follow the rules in the decree.

You may need to wait a few days for the court to process the paperwork. Once you receive the signed decree, your divorce is official. Make sure you keep a copy for your records.

If you disagree with the judge’s decision, you can ask for changes. You must do this quickly, usually within 30 days. Talk to a lawyer if you want to appeal or change the decree.

Note: The final decree is a legal order. You must follow it, or you could face penalties. Always read your decree carefully and ask questions if you do not understand something.

Special Considerations in Texas Divorce

Eligibility Rules

You must meet certain eligibility rules before you can file for divorce in Texas. You or your spouse must have lived in Texas for at least six months and in your county for at least 90 days. These rules help the court decide if it can handle your case. Some special situations can affect how the court divides property or awards support.

Disability status can change how the court divides property. If you have a disability, the court may give you a larger share of assets because of your medical needs or lower earning ability.
Texas community property law requires a “just and right” division. The court looks at your needs, especially if you have special expenses.
Spousal maintenance rules allow support if you have an incapacitating disability, if your marriage lasted ten years or more, or if you cannot earn enough income.
Divorce can affect government benefits like SSDI, SSI, and Medicare. For example, SSDI may continue if you meet certain rules, but SSI could change if your income changes after divorce.

A real example shows how these rules work. Sarah, who had a disability and divorced after 20 years, received more assets because she needed extra support. The court made sure she had what she needed for her health and living expenses.

Contested vs. Uncontested

You can file for a contested or uncontested divorce. In an uncontested divorce, you and your spouse agree on all issues. This process moves faster and costs less. You may not need to go to court if you both sign the agreement.

A contested divorce happens when you and your spouse cannot agree. The court must decide on property, child custody, or support. Contested cases take longer and often cost more. You may need help from a family law attorney or divorce lawyer to protect your rights and explain your options.

If you and your spouse disagree on important issues, a contested divorce may be the only way to move forward.

Legal Help

Getting legal help can make a big difference in your case. A family law attorney or divorce lawyer can guide you through each step. They help you gather documents, prepare for court, and understand your rights. In complex cases, an attorney can help you build a strong case and avoid mistakes.

Texas now offers programs to help people get affordable legal help. Licensed legal paraprofessionals and court-access assistants can give advice in simple cases. These programs help people who cannot afford a full attorney. Research shows that legal help improves your chances of a fair outcome. An experienced attorney can help you choose the best strategy, whether you want to settle or go to trial.

Tip: Always talk to a family law attorney or divorce lawyer if your case is complicated or if you feel unsure about your rights.

You can complete a Texas divorce by following clear steps. First, check that you meet the residency and waiting period rules. Next, move through each of the steps, from filing to finalizing your case. If your divorce feels complex, talk to a lawyer for help.

Remember, taking the right steps gives you control and helps you move forward with confidence.

FAQ

How long does a Texas divorce usually take?

Most divorces in Texas take two to six months. If you and your spouse disagree, your case may last longer. The 60-day waiting period is the minimum time required.

Can you get a divorce in Texas without going to court?

Yes, you can. If you and your spouse agree on all issues, you may not need to appear in court. The judge can review your agreement and sign the final decree.

What happens if your spouse will not sign divorce papers?

You can still get a divorce. If your spouse does not respond, the court may grant a default judgment. You must show you tried to notify your spouse.

Do you need a lawyer for a Texas divorce?

You do not need a lawyer for every divorce. If your case is simple and uncontested, you can handle it yourself. For complex or contested cases, a lawyer helps protect your rights.