Navigating Divorce in Texas: What to Expect During the Process

Every divorce is different, but Texas law provides a general framework for how the process unfolds — from filing the initial petition to a final decree.

Residency and Filing

To file for divorce in Texas, at least one spouse must have lived in the state for six months and in the county of filing for at least 90 days. Once filed, Texas imposes a mandatory 60-day waiting period before a divorce can be finalized, even in uncontested cases.

Community Property Division

Texas is a community property state, meaning most assets and debts acquired during the marriage are considered jointly owned and are divided in a manner the court finds 'just and right' — which does not always mean an equal split. Separate property owned before the marriage or received as a gift or inheritance generally remains with its original owner.

Children and Conservatorship

If children are involved, the court will address conservatorship (custody), possession and access schedules, and child support based on the Texas child support guidelines. These decisions are made based on the best interest of the child.

Uncontested vs. Contested Divorce

An uncontested divorce, where both spouses agree on all terms, is typically faster and less costly. A contested divorce involves disagreement on one or more issues and may require negotiation, mediation, or court intervention to resolve.