Texas Divorce

Texas Divorce: Understanding the Process and What Comes Next

Divorce can feel overwhelming, especially when you are trying to make important decisions at the same time that your family, finances, and daily life may be changing. You may be worried about your children, your home, your financial security, or simply what happens next.

While every divorce is different, the basic Texas divorce process is fairly predictable. Understanding that process can make it easier to separate the issues that need immediate attention from those that can be handled as the case moves forward.

The information below is intended to give you a practical overview of divorce in Texas and help you know what to expect.

General Information — Not Legal Advice: This page provides general information about Texas divorce law. It is not legal advice for your particular situation and should not be relied upon as a substitute for speaking with an attorney about your individual circumstances. Laws, court rules, and local procedures can change, and the facts of every case are different. Reading this page or contacting Chase Jones Law does not create an attorney-client relationship. An attorney-client relationship is created only through an express agreement with the firm.

Last reviewed: August 2026.

Can I File for Divorce in Texas?

To file for divorce in Texas, either spouse generally must have lived in Texas for at least six months and in the county where the divorce is filed for at least 90 days before filing.

There are exceptions and additional rules that can apply in certain situations, including when one spouse lives outside Texas or when military or government service affects residency.

Texas does not have a formal status called legal separation. You and your spouse can live apart, separate your finances, and make arrangements concerning your children, but you remain legally married until a court grants a divorce.

In some situations, temporary court orders or written agreements can address issues that need to be handled while the divorce is pending.

Do I Need a Reason to Get Divorced?

You do not have to prove that your spouse did something wrong in order to obtain a divorce in Texas.

Most Texas divorces are filed on the ground of insupportability. In everyday language, that means the marriage has broken down because of conflict or differences and there is no reasonable expectation that the spouses will reconcile.

Texas also recognizes several fault-based grounds for divorce. Depending on the circumstances, a spouse's conduct may sometimes matter when the court decides issues such as property division.

Whether fault is important in your case depends on the facts. Many divorces can be handled without turning the case into a fight over who caused the marriage to end.

How Does a Texas Divorce Begin?

A divorce begins when one spouse files an Original Petition for Divorce with the appropriate court.

The spouse who files the case is called the Petitioner. The other spouse is called the Respondent. These titles do not mean that one spouse has more rights than the other. They simply identify who filed the case first.

After the petition is filed, the other spouse must receive proper notice of the divorce.

That can happen through formal service by an authorized process server or constable. In some cases, the responding spouse may instead sign a proper waiver of service or file an answer with the court.

A waiver should not be signed casually. Signing a document called a “waiver” does not necessarily mean that a spouse is agreeing to the divorce terms, but the document can affect important procedural rights. It should be understood before it is signed.

What Happens While the Divorce Is Pending?

A divorce does not always move directly from filing to a final agreement.

If the spouses cannot agree about what should happen while the case is pending, either party may ask the court for temporary orders.

Temporary orders can address issues such as:

• who remains in the family home;

• who uses particular vehicles or property;

• who pays certain bills;

• temporary child support;

• temporary spousal support;

• where the children will live;

• each parent's time with the children; and

• other rules the court believes are necessary while the divorce is pending.

Temporary orders do not necessarily determine what the final divorce decree will say. Their purpose is generally to provide structure while the case is being resolved.

In many cases, the parties will also exchange financial records, documents, and other information. This process is called discovery. How much discovery is necessary depends on the issues in the case.

A divorce involving a house, retirement accounts, a business, significant debt, separate property claims, or complicated finances will usually require more information than a divorce involving very little property.

How Long Does a Texas Divorce Take?

Texas generally requires a waiting period before a divorce can be granted. In most cases, the court cannot grant the divorce until at least 60 days after the divorce petition is filed.

There are limited exceptions to the waiting period involving certain circumstances of family violence.

The important thing to understand is that 60 days is a minimum waiting period, not a normal completion date.

An agreed divorce may be completed relatively quickly if both spouses have exchanged the necessary information, reached an agreement, prepared the required documents, and satisfied the court's procedures.

A contested divorce can take much longer.

The length of the case may depend on:

• how complicated the finances are;

• whether property needs to be identified or valued;

• whether the parents disagree about the children;

• how quickly information is exchanged;

• whether temporary hearings are necessary;

• whether mediation is successful;

• whether experts are needed;

• the parties' willingness to negotiate; and

• the court's schedule.

Some cases resolve within a few months. Others can take a year or longer.

One of the most useful things an attorney can do is help identify which issues truly need to be fought over and which issues may be resolved without spending unnecessary time and money.

How Is Property Divided in a Texas Divorce?

Texas is a community property state, but that does not mean that everything is automatically divided 50/50.

The court is required to divide the community estate in a way that the judge believes is just and right under the circumstances.

Before property can be divided, however, it must first be identified.

Generally, property acquired during the marriage is presumed to be community property. Separate property can include property a spouse owned before marriage and certain property received during the marriage by gift or inheritance.

The distinction is important because a Texas divorce court divides community property but generally cannot simply award one spouse's separate property to the other spouse.

In real life, the distinction is not always simple.

For example:

• one spouse may have owned a house before the marriage, but marital income was later used to pay the mortgage;

• separate money may have been deposited into a joint account;

• retirement benefits may include both separate and community portions;

• a business may have existed before marriage but increased in value during the marriage; or

• spouses may disagree about whether a particular asset was a gift.

The parties may also have debts that need to be addressed.

When property is disputed, each side may need to identify assets and debts, gather records, determine values, and sometimes trace funds to determine whether property is community or separate.

Spouses are free to reach their own agreement about dividing the marital estate. If they cannot agree, the court ultimately decides.

What Happens if We Have Children?

When spouses have children whose custody and support need to be decided, those issues are handled as part of the divorce.

Texas uses several terms that can initially sound unfamiliar.

What people usually call custody is generally addressed through conservatorship. Conservatorship deals with the parents' rights and responsibilities concerning their children.

The court may also decide:

• where the child will primarily live;

• whether there will be a geographic restriction on the child's residence;

• each parent's possession and access schedule;

• how major decisions concerning the child will be made;

• child support;

• medical support;

• dental support; and

• other rights and responsibilities of each parent.

The most important consideration for the court is the best interest of the child.

That does not mean every family receives the same parenting arrangement. The right solution depends on the children, the parents, their history, their schedules, their ability to cooperate, safety concerns, and other facts that are specific to the family.

For more information, see our Texas Child Custody page.

Will I Have to Pay or Receive Spousal Maintenance?

Texas law does allow a court to order spousal maintenance, (there is no alimony in Texas), but it is not automatically available simply because one spouse earns more than the other.

A spouse requesting court ordered maintenance must satisfy specific legal requirements.

Generally, the court first considers whether the spouse seeking maintenance will have enough property after the divorce to provide for that spouse's minimum reasonable needs. The spouse must also qualify under one of the circumstances allowed by Texas law.

Those circumstances can include certain cases involving family violence, a sufficiently long marriage combined with an inability to earn enough to meet minimum reasonable needs, certain disabilities, or caring for a child of the marriage whose disability requires substantial care.

Texas law also places limits on the amount and, in many cases, the duration of court-ordered maintenance.

Spouses can sometimes reach contractual agreements concerning support that are different from what a court could order after a trial.

For more information, see our Texas Spousal Maintenance page.

Do We Have to Go to Trial?

No.

Many Texas divorces are resolved without a trial.

The spouses may reach an agreement through negotiations between the parties and their attorneys. Some issues may be resolved early while others take more time.

Mediation is also commonly used in Texas family law cases.

During mediation, a neutral mediator works with the parties to try to reach an agreement. The mediator does not decide who wins or lose the case. Instead, the process gives the parties an opportunity to negotiate and control the outcome themselves.

A successful settlement can reduce the time, expense, and uncertainty of trial.

Settlement does not mean that someone has to give up everything that matters. Effective negotiation requires understanding the law, the evidence, the risks of trial, and which issues are truly important to the client.

If the parties cannot resolve the disputed issues, the case can proceed to trial and the court will decide the issues that remain.

What Happens at the End of the Divorce?

A Texas divorce is completed through a Final Decree of Divorce signed by the judge.

The decree is an important legal document. Depending on the case, it may address:

• the end of the marriage;

• division of property;

• responsibility for debts;

• conservatorship of children;

• possession and access;

• child support;

• medical and dental support;

• spousal maintenance;

• name changes; and

• other orders necessary to resolve the case.

In an agreed divorce, the attorneys or parties prepare a proposed decree reflecting the agreement and submit it to the court.

Depending on the court and the circumstances, finalizing the divorce may involve a short hearing sometimes called a prove-up, submission of documents or testimony, or another procedure required by that particular court.

Local court procedures matter. Not every Texas court handles finalization in exactly the same way.

Before signing a Final Decree of Divorce, it is important to understand what it actually says. Once signed by the judge, the decree becomes a court order and can have long term consequences.

What If My Spouse and I Cannot Agree?

Disagreement does not automatically mean that a divorce has to become a war.

Some disagreements can be resolved after both spouses have the information they need. Others may be resolved through negotiation or mediation.

There are also cases where compromise is not realistic or appropriate.

A court may need to become involved when there are serious disagreements about children, hidden or disputed property, financial misconduct, family violence, refusal to provide information, or a party who simply will not negotiate reasonably.

Part of effective representation is knowing the difference.

The goal should not be conflict for the sake of conflict. The goal is to protect what matters, resolve what can reasonably be resolved, and be prepared to litigate the issues that genuinely require a judge's decision.

When Should I Speak With a Divorce Lawyer?

You do not have to wait until a divorce has already been filed.

Speaking with an attorney before filing can help you understand your options and avoid decisions that may make the situation more difficult later.

It can be especially helpful to obtain legal advice when your divorce involves:

• children;

• a house or other real estate;

• retirement accounts;

• substantial assets or debts;

• a business;

• self employment;

• separate property claims;

• concerns about hidden money or assets;

• family violence;

• protective orders;

• relocation;

• unusual parenting issues; or

• a spouse who has already hired an attorney.

Sometimes the most important result of an initial consultation is simply understanding where you stand and what your reasonable options are.

You Do Not Have to Figure Everything Out Today

People often contact a divorce lawyer when they are experiencing one of the most difficult periods of their lives.

You may be angry. You may be frightened about money or your children. You may still be deciding whether you actually want a divorce. Or you may simply be exhausted from a situation that has been difficult for a long time.

You do not need to have every answer before speaking with an attorney.

At Chase Jones Law, the first step is understanding what is happening, what matters most to you, and what legal issues actually need to be addressed. From there, we can discuss your options and develop a practical way forward.

Some cases can be resolved through careful negotiation or mediation. Others require firm advocacy in court. The approach should fit the case rather than forcing every client through the same process.

Talk With Chase Jones Law About Your Texas Divorce

Chase Jones Law represents clients in Texas divorce and family law matters, with a primary focus on Harris County.

Clear communication is important throughout the process. You should understand what is happening in your case, why decisions are being made, and what options are available to you.

If you are considering divorce, have been served with divorce papers, or already have a Texas divorce case pending, you can schedule a consultation to discuss your situation and determine whether Chase Jones Law can assist.

Texas: 832-543-4060

Legal Disclaimer: The information on this page is provided for general educational and informational purposes only. It is not intended as legal advice and does not create an attorney-client relationship. The law may change, and the application of Texas law depends on the particular facts and circumstances of each case. Do not act or refrain from acting based solely on information contained on this website. If you need advice concerning your specific circumstances, consult a qualified attorney. Do not send confidential, sensitive, or time-sensitive information until Chase Jones Law has confirmed that it can represent you.