In Texas, a divorce begins when one spouse files an Original Petition in the proper county, formally serves the other spouse, observes a 60-day waiting period, and resolves property, support, and parenting issues by agreement, mediation, or trial before the judge signs a Final Decree.
Before a divorce is final, there are general steps to take in the Texas divorce process. Below, our North Texas divorce lawyers provide a brief overview of the basic steps to divorce in Texas, from filing the initial petition to obtaining the final divorce order.
Quick Answer: How do I start a divorce in Texas?
File an Original Petition in the correct Texas county, serve your spouse, and track the 60-day waiting period; early disclosures and mediation prep help finalize faster and avoid last-minute delays.
- Determine court and filing county
- File the Original Petition and pay fees
- Arrange service or waiver promptly
Remember that every divorce is different. The steps to resolve your case will depend on your unique situation. If you have questions about your divorce case, we encourage you to contact our law firm to schedule a consultation. We can answer your questions, discuss your legal options for moving forward with or resolving your divorce, and address common questions about the divorce process in Texas.
Need-to-Know Highlights
- File in the county where a spouse lived 90 days.
- Texas imposes a 60-day waiting period; violence cases may qualify for exceptions.
- Serve your spouse or file a notarized waiver of service.
- Many courts require mediation before a trial date.
Step One: File a Petition for Divorce
The first step is to start the divorce process by filing an original petition, which is the legal document that initiates the divorce lawsuit. Filing for divorce means you are starting a lawsuit to dissolve the marriage. The original petition should be filed with the district court where either you or your spouse has lived for the preceding 90 days. Either spouse can file the petition as long as one spouse meets the Texas residency requirements. Whoever files it is considered the Petitioner, and the other spouse is referred to as the Respondent.
Depending on your unique situation, the original petition and other required divorce forms must be filed at the clerk’s office. Preparing the necessary paperwork, including all required divorce forms, is an important part of starting the divorce process. For example, in addition to information about you, your spouse, grounds for divorce, and residency, it may include requests for orders about child-related matters, property matters, and other divorce-related issues.
Related: Disadvantages of Filing for Divorce First: What You Need to Know
Texas Residency Requirements
Texas law requires at least six months’ state residency and 90 days’ county residency before filing. Tex. Fam. Code § 6.301.
- Been a resident of Texas for at least six months before filing
- Lived in the county where the petition is to be filed for the previous 90-day period
Grounds for Divorce
Texas requires you and your spouse to have a legally acceptable reason to end your marriage. In most cases, the reason stated will be insupportability, meaning irreconcilable differences. Insupportability is a way to move forward with the divorce process without blaming your spouse for the divorce. Another no-fault reason is living apart for at least three years.
However, Texas also recognizes fault-based grounds for divorce, which include:
- Adultery (this can include dating while going through divorce)
- Cruelty
- Felony conviction
- Abandonment
- Confinement in a mental hospital
In addition to divorce, Texas law provides for annulment, which is a separate legal process that declares a marriage invalid from the start.
Step Two: Provide Legal Notice to Your Spouse
After filing the petition, the next step is to serve your spouse with a copy of the divorce papers. This process involves delivering important legal documents related to the divorce, ensuring that your spouse, known as the Respondent, is aware of the divorce proceedings and has an opportunity to respond. Additionally, you must file proof of service with the court to confirm that your spouse has been properly notified.
Under Texas law, you have a few options to serve your spouse. The most common ways include:
- Service of process. Service may be made by a sheriff, constable, or certified process server, and courts may authorize substituted service—including electronic means—when reasonably effective. Tex. R. Civ. P. 103, 106(b).
- Waiver of Service. If your spouse agrees to forego a formal service of process, they can sign a Waiver of Service after the divorce petition has been filed. By statute, a waiver in a divorce must be signed after filing and sworn before a notary who is not an attorney in the suit. Tex. Fam. Code § 6.4035(c). It is important to note that the waiver does not mean your spouse agrees with the terms of the petition. In some cases, an affidavit may be required to prove service or other facts to the court.
Step Three: Your Spouse’s Response
If properly served, your spouse’s answer is due by 10:00 a.m. on the Monday next following 20 days after service. By filing a response, known as an Answer, with the court, your spouse indicates they want to participate in the divorce process.
In addition to filing a response, your spouse can file a counter-petition for divorce. A counter-petition states that your spouse also wants a divorce and may include their own order requests for the court to consider.
In the event your spouse does not respond, the divorce may proceed uncontested. Even when spouses agree to divorce, a petition must still be filed to start the process. An uncontested divorce can mean either an agreed divorce or a default divorce. An agreed divorce is possible when both spouses agree on all the issues, such as custody, visitation, child support, and property division. In a default divorce, one party may proceed without the other spouse’s participation if no response is filed. The court may also require testimony from the petitioner to finalize the divorce, even in uncontested cases.
Step Four: Temporary Orders
After the divorce petition is filed, either spouse can request a temporary orders hearing if you cannot agree on terms. Temporary orders address matters like child custody, support, visitation, financial support, and who will live in the primary residence during the divorce proceedings. These orders may also address issues related to minor children, children, and division of marital property. Temporary orders are especially important in complicated cases or when there are children involved or significant marital property, such as a business, to divide. It may also include temporary restraining orders.
Final Divorce Decree Overrides Temporary Orders
These temporary orders help protect both parties’ interests until a final divorce decree is issued. It is important to understand that the final divorce decree will override any temporary orders.
After the initial divorce filing, Texas imposes a 60-day waiting period from filing; courts may waive it in certain family-violence/protective-order circumstances. Tex. Fam. Code § 6.702(a)–(c). In almost all cases, you must wait at least 60 days before finalizing your divorce.
You and your spouse may use this time to work to resolve divorce-related matters. For example, divorce usually involves issues like property division, child custody, visitation, and support. Dividing marital property, especially if a business is involved, can be a complex part of the process.
Generally, you have two choices to resolve your divorce – come to an agreement or go to trial. To work toward a settlement agreement, you can pursue:
- Negotiation. Negotiation can be a more amicable and cost-effective method of resolving disputes. The spouses may negotiate directly with each other or through their attorneys to reach an agreement on divorce-related issues. If your case is contested or involves complex issues, it is wise to speak with a lawyer for guidance.
- Mediation. A mediator is a neutral third party who helps facilitate communication and negotiation between spouses to reach an agreement on specific issues. If negotiations stall or become contentious, the spouses may choose to participate in mediation. Additionally, the court has the right to require both parties to participate in mediation before trial.
If negotiation and mediation are unsuccessful, the case will proceed to trial. During a trial, each party presents their case to a judge, who decides on the contested issues in the family law case. Litigation can be time-consuming, emotionally draining, and expensive, so it is generally in the best interest of both parties to resolve their disputes before reaching this stage.
Case Study: Using Texas’s 60-Day Waiting Period to Finish Fast
A young parent came to us worried that a divorce would drag on for a year. She had been served and felt overwhelmed by forms, fees, and court dates. We started by filing in the correct county and explaining two tools that fit her situation: a notarized Waiver of Service to avoid awkward doorstep service and a plan to use the 60-day waiting period wisely.
We gathered pay stubs, bank statements, and a draft parenting plan in the first two weeks, then set mediation for the middle of the waiting window. Because we prepared early, mediation took one afternoon. We left with a signed agreement and a near-final decree.
On the first court date after day 60, the judge signed. Her case finished in just over two months.
The Lesson: don’t sit on your hands. If you organize documents, consider a waiver, and schedule mediation early, you can move through divorce with less stress and cost.
Step Five: Final Divorce Order
Once all issues have been resolved through negotiation, mediation, or trial, the court will issue a final divorce order. The terms of the Final Decree of Divorce may differ depending on whether the case does or does not involve children, as cases that involve children address child custody and support, while those that do not involve children focus on property and other matters. Before the divorce is finalized, parties may need to address court costs, which include filing fees, issuance fees, and service fees. If you cannot afford court costs, you may request a waiver by submitting a Statement of Inability to Afford Payment of Court Costs. The divorce is not final until the judge signs the Final Decree of Divorce, which formally ends the marriage and signifies the court’s approval of the divorce terms.
FAQs About Texas Timeline & Waiting Period
What is the 60-day waiting period for divorce in Texas?
How long does a divorce take in Texas?
FAQs About Eligibility & Residency
What are the residency requirements to file for divorce in Texas?
Do you have to be separated before filing for divorce in Texas?
FAQs About Service & Pretrial Process
How do I serve my spouse (or use a Waiver of Service) in a Texas divorce?
1. Personal service by a sheriff, constable, or authorized process server
2. Waiver of Service your spouse signs after filing and files with the court
3. Court-approved alternative service if standard methods fail
Do Texas courts require mediation before a divorce trial?
Discuss Your Situation With Our Family Law Attorneys
Navigating the steps to divorce in Texas can be a challenging and complex process. A qualified divorce attorney from Warren & Migliaccio can help guide you through the divorce process, protect your rights, and advocate for your best interests.
If you are considering divorce or have been served with divorce papers, we encourage you to contact our Dallas divorce lawyers. We are committed to providing compassionate and effective legal representation to help our clients achieve the best possible outcome for their cases.
Please fill out our online contact form or call us at (888) 584-9614 to schedule a consultation to discuss your situation. We are happy to answer your legal questions and determine how we can help you during this difficult time.
