Divorce is never easy—emotionally, financially, or legally. In Texas, the divorce process can feel especially overwhelming because the state has its own unique set of rules and requirements. Whether you’re considering filing for divorce or you’ve just been served with divorce papers, knowing exactly what steps to take can help you avoid costly mistakes.

This 2025 guide walks you through the Texas divorce process step by step, explaining timelines, requirements, and practical tips so you can make informed decisions.

Why Understanding the Texas Divorce Process Matters

Texas ranks among the top ten states in the U.S. with the highest number of divorces each year. In fact, according to the CDC, Texas sees more than 70,000 divorces annually.

Because divorce involves issues like property division, child custody, and financial support, understanding the rules can make a huge difference in protecting your rights.

Step 1: Check Residency Requirements

Before filing for divorce in Texas, you must meet the residency rules:

• You or your spouse must have lived in Texas for at least 6 months before filing.

• You must also have lived in the county where you file for at least 90 days.

If you don’t meet these requirements, the court will dismiss your case.

Step 2: Choose the Right Grounds for Divorce

Texas is primarily a “no-fault divorce” state, meaning you can file simply because the marriage is “insupportable” (irretrievably broken).

However, Texas also allows fault-based divorces, which can impact property division and spousal support. Grounds include:

• Adultery

• Cruelty or abuse

• Abandonment (at least one year)

• Felony conviction

• Confinement in a mental hospital

Example: If one spouse proves adultery, the judge may award a larger share of community property to the other spouse.

Step 3: File the Petition for Divorce

The spouse initiating the divorce (the petitioner) must file an Original Petition for Divorce with the district clerk’s office in their county.

Key information in the petition includes:

• Names of spouses and children

• Date and place of marriage

• Grounds for divorce

• Requests for property division, custody, and support

The clerk assigns a case number and your case officially begins.

Step 4: Serve Your Spouse

Texas law requires you to “serve” your spouse with divorce papers unless they voluntarily sign a Waiver of Service. Service is usually done by:

• A sheriff or constable

• A licensed process server

• Certified mail (with return receipt)

Proper service ensures your spouse has formal notice and the opportunity to respond.

Step 5: Waiting Period (Cooling-Off Period)

Texas law requires a 60-day waiting period after filing before the divorce can be finalized. This is sometimes called the “cooling-off” period.

Exceptions:

• Cases involving domestic violence where the respondent has been convicted or received a protective order.

Step 6: Temporary Orders (Optional)

During the waiting period, either spouse can request temporary orders to address urgent issues such as:

• Who stays in the marital home

• Temporary custody and visitation schedules

• Child support or spousal support

• Payment of bills and debts

These orders remain in place until the divorce is finalized.

Step 7: Discovery and Negotiation

This is where much of the work happens:

• Discovery: Both spouses exchange financial documents (bank statements, tax returns, property records).

• Negotiation: Many cases settle without trial through negotiation, mediation, or collaborative divorce.

Real-life example: In Harris County, 75% of divorces are resolved through mediation rather than a courtroom trial.

Step 8: Property Division (Community Property State)

Texas follows community property law, meaning:

• All property acquired during marriage is considered jointly owned.

• Each spouse is generally entitled to 50% of community property.

Separate property (owned before marriage, inheritance, gifts) usually remains with the original owner.

 However, judges have discretion to make “just and right” divisions, which may not always be a strict 50/50 split.

Step 9: Child Custody and Support

Child custody in Texas is legally called “conservatorship.” The court’s main goal is the best interest of the child.

• Joint Managing Conservatorship (JMC): The most common, where both parents share rights and duties.

• Sole Managing Conservatorship (SMC): Granted when one parent is unfit due to abuse, neglect, or absence.

Child support is calculated based on the noncustodial parent’s net income, with guidelines set by Texas Family Code.

Step 10: Trial (If No Settlement)

If negotiation fails, the case goes to trial. A judge (and sometimes a jury) will decide:

• Property division

• Custody arrangements

• Support obligations

Trials are often lengthy and expensive, which is why most couples choose settlement or mediation.

Step 11: Final Decree of Divorce

Once all issues are resolved, the judge signs a Final Decree of Divorce. This document officially ends the marriage and outlines:

• Division of property and debts

• Custody and visitation schedule

• Child and spousal support orders

Both parties must follow this decree; violations can result in legal enforcement.

Costs of Divorce in Texas

The cost of divorce in Texas varies:

• Uncontested divorce: $350–$1,500 (mainly filing fees and paperwork).

• Contested divorce with children/property: $5,000–$20,000+ depending on complexity.

Statistic: According to a survey by Martindale-Nolo, the average cost of a Texas divorce with children is $23,500, while cases without children average $15,600.

How Long Does Divorce Take in Texas?

• Uncontested divorce: As little as 61 days (the waiting period + final hearing).

• Contested divorce: Several months to over a year, depending on disputes and trial schedules.

Tips to Make Divorce in Texas Easier

1. Stay organized: Keep all documents in one place.

2. Be realistic: Don’t fight over small items that cost more in legal fees than their value.

3. Protect your credit: Close joint accounts and monitor credit reports.

4. Prioritize children: Judges value parents who put children’s best interests first.

5. Consider mediation: Saves time, money, and emotional strain.

Trusted Resources for Texas Divorce Information

• TexasLawHelp.org – Divorce Overview

• Justia – Texas Family Law

• Nolo – Divorce in Texas: What You Need to Know

• USA.gov – Divorce and Marriage Resources

Frequently Asked Questions (FAQs)

Q1: Can I file for divorce in Texas without a lawyer?
Yes, you can file “pro se,” but most experts recommend legal guidance, especially if children or property are involved.

Q2: Do I need to prove fault to get a divorce in Texas?
No. Most divorces are filed under “insupportability,” a no-fault ground.

Q3: How is child support calculated in Texas?
It’s typically a percentage of the noncustodial parent’s net income (e.g., 20% for one child, 25% for two children).

Q4: Can a divorce decree be modified later?
Yes. Child custody, visitation, and support orders can be modified if there’s a significant change in circumstances.

Conclusion

Divorce in Texas is a structured process, but it doesn’t have to feel overwhelming. By understanding residency rules, property division, custody laws, and timelines, you can approach the process with clarity and confidence.

Whether your case is uncontested or highly contested, preparation is key. And remember: legal advice tailored to your situation is always best when navigating something as life-changing as divorce.

Written by: Ahmed – Legal Researcher & Insurance Law Specialist
Ahmed has over 10 years of experience covering U.S. family law, insurance disputes, and consumer rights. His mission is to simplify complex legal processes for everyday readers.

 Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws may change, and every case is unique. For personalized guidance, consult a licensed family law attorney in Texas.