Texas Divorce Process

Overview of the divorce process in Texas

Prior to making the decision to proceed with a divorce in Texas, it is a good idea to become familiar with the divorce basics and the key issues that must be addressed in the divorce process.

Texas Divorce Basics

Names of the Parties: The spouse that files the petition for divorce (i.e. initiates the divorce with the court) is known as the "Petitioner". The other spouse is known as the "Respondent".

Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior to the date the petition for divorce is filed in Texas.

Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to the filing of the divorce petition.

No Fault: Texas is a No Fault Divorce State. "No Fault" means that one spouse DOES NOT have to prove the other spouse has done anything wrong in order to obtain a divorce. You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process.

Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed. This cooling off period supposedly helps couples who change their mind.

Appeal Period: After the divorce decree is signed by the judge, each spouse can technically file an appeal for 30 days. As such, neither spouse can get married until the divorce decree is final (30 days has elapsed from the date in which the judge signed divorce decree).

Grounds for a divorce in Texas

Adultery
Abandonment
Confinement for incurable insanity for three years
Conviction of a felony and imprisonment for over one year
Cruel and inhuman treatment.
Insupportability - This is the catchall that almost all divorces are filed under. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

The 6 Step Texas Divorce Process:

The first step in getting a divorce in Texas is to file the "Petition for Divorce". This form will tell the judge and your spouse that you want a divorce.

Make 2 copies of a fully filled out and completed Petition for Divorce. Take the original along with 2 copies to the District Clerk's Office at your local county Courthouse where either spouse has lived for the last 90 days. The fee for filing the Petition for Divorce typically ranges from $250 - $300 dollars.
If for any reason you are unable to pay the filing fee, you may be eligible to have the county filing fees waived due to either a lack of money or if you are receiving public benefits for assistance (check with the district clerk in the county in which you intend to file the divorce). This is called an Affidavit of Inability of Pay and it will require you to disclose your financials to the court.
The Clerk will stamp your paperwork and assign a cause number and a judicial district (i.e. specific court). You will receive your two copies back, one for you and the other needs to be delivered to your spouse for legal notice of your divorce filing. Be sure to put your copy in a safe place.

The Petitioner (the person initiating the divorce) must give legal notice to the Respondent (spouse). This means that one of the file-stamped copies of the petition for divorce must be delivered to your spouse. There are a couple of methods of proving to the judge that you provided notice to your spouse:

Official Service in Person

You can hire an official process server or constable to give legal notice to the Respondent (your spouse) in person. After your spouse has been served you will receive a Return of Service from the process server/constable that is filed with the clerk to prove that your spouse received a copy of the Petition.

Waiver of Service

If the Respondent doesn't want to have a process server or constable serve/deliver the Petition for Divorce, the Respondent can simply sign a waiver of service in front of a notary. This will let the court know that they received a copy of the Petition for Divorce and thus have been informed of the divorce.
Avoid giving your spouse the Waiver of Service until you have filed your Original Petition for Divorce with the court.
If the Respondent doesn't want to waive their right to contest the divorce, they can file a Response (aka Answer or General Denial) instead.

Response/Answer

The filing of an Answer by the Respondent lets the court know that the Respondent has received notice of the divorce and is actively participating in the case and may contest the terms of the divorce.
The Answer alone doesn't assert any claims against the Petitioner. To make claims against the Petitioner, the Respondent has to file a Counter Petition for Divorce.
The spouse that files the Answer does not have to go to court and it does not necessarily mean that the case is contested.

Important Reminders

This Return of Service form must be filed with the district clerk to show the Court that your spouse has received legal notice of the divorce case.
If the Respondent fails to file an Answer (response to the divorce for through the use of an Answer Form) by the Monday following the 20th day after receipt of legal notice, the Petitioner can request a default judgment and the Court can award a divorce to the Petitioner without the Respondent signing off.
Your divorce can only be finalized after 60 days from the day you filed the petition for divorce but the 60 day waiting period can be waived due to domestic violence.

Did your spouse file an Answer or have made it clear that they will not agree with your terms of divorce? If the answer to this question is "yes", you have a contested divorce. The divorce process is stressful enough, a contested divorce is more stressful and expensive. The cost of a divorce can vary greatly depending on whether it is a contested or uncontested divorce.

Contested divorce in Texas (Spouse Disagrees)(High Cost)

If you and your spouse argue rather then come to any kind of agreement, you and your spouse will take the issues to a judge to decide.
Texas has juries in divorce trials
Most divorce trials aren't long, drawn out affairs like trials you may have seen on television. Many take a day or two, or even just a morning
It will take a huge emotional toll on you, your spouse, and certainly your kids, and also your bank account.
An average divorce may run $30,000 (each) with lawyers and could easily go higher with a few added complexities.
More forms to fill out and more information needed from both parties.
Will not recommend you do it yourself, get some assistance from a mediator or an attorney.

Uncontested Divorce in Texas (Spouse Agrees)(Lower Cost)

If you can make this happen its is the best choice for you and your spouse. Uncontested divorce is when you and your spouse work together to agree on the terms of your divorce, and you both fill out the divorce papers cooperatively to make the divorce happen.
Your uncontested case is ‘agreed’ if you and your spouse agree on what to put in your Decree of Divorce, your spouse has signed a waiver or answer, and your spouse is willing to sign your Decree of Divorce.
There is no formal trial, and you probably won't have to ever appear in court.
The judge will usually approve a settlement agreement unless it's clear that the terms are completely unfair to one person or were arranged when one person was under duress.
Takes less time to complete an uncontested divorce and could cost you $100's, not $1000's.

1. Free Forms

The state of Texas has published free divorce forms. They are a little tricky to use, but will get the job done if your divorce is uncontested and you meet all of the requirements.

2. Do It Yourself Divorce (Low Cost)

If both spouses are willing to come to an agreement, you have what the divorce industry calls an "uncontested divorce". An uncontested divorce is pretty simple. Using uncontested divorce forms can make the divorce process simple and much faster. Once you are done with an online interview, you will have all necessary forms and instructions on how to use them.

3. LAWYER (Highest cost)

If you and your spouse argue rather then come to any kind of agreement, you and your spouse will take the issues to a judge to decide. Both parties will get a lawyer and fight for what they want and don't want based on their arguments. Like mentioned earlier, this is a very long and expensive process that should only be used if you and your spouse are unable to agree on most things.

Each spouse hires a lawyer
There is no guarantee who will get what because it is left up to the judge for the final verdict.
Other professionals are typically involve like accountants, therapist, actuary and this makes the cost go up.
Kids are put through a lot of stress.
Will take over at least triple the time compared to an uncontested divorce waiting period of 61 days.

Every divorcing couple must consider how property and debts will be divided, and whether one spouse will pay spousal support to the other. If you have kids, you'll also need to make decisions about child custody, visitation, and support. You and your spouse will either need to work out these three big issues or turn them over to a judge to decide.

There are two types of property in Texas Community and Separate Property. Each explained below:

COMMUNITY PROPERTY

Is the collection of assets you and your spouse have gathered during your marriage, including money, real estate, investments, pension plans, and so on. Martial debts are obligations you took on together during your married life. Both the property and the debts belong to both of you, and part of the divorce process will be to divide them up between you. Unless the court finds that equal division would be unjust.
Texas is a community property state.
Any property possessed by either spouse while married is considered to be community property.

SEPARATE PROPERTY

Are assets or debts that either of you had before your marriage, or that you acquired after the permeant separation, are called separate property or debts. Generally, each of you will keep your separate property and be responsible for your separate debts, in some states separate property can be divided at divorce.
Any property that was acquired during the marriage by gift or inheritance is also considered separate property.
If you and your spouse agree on how to divide your property then the court will simply approve your agreement. If you can't agree the court will divide things up for you the way they choose.

CHILD CUSTODY

Even if you and your spouse are never on the same page of on money matters, you should both try your hardest to come to an agreement about child custody. A child custody fight will indeed harm your children more than any other kind of dispute that might come up in the divorce process. Try to do any and everything to avoid it.

Things to figure out if you have children:

You or your spouse will pay child custody
You have to decide wether you and your spouse will share custody equally or who will be the primary custodial parent.
The person who does not have custody will be awarded visitation rights
Both spouses or one spouse may be ordered to make either a periodic, lump-sum, or in some cases may require a spouse to pay both payment intervals.

Types of custody:

Custody means to have physical custody: you child lives with you and legal custody: make legal decisions about the child welfare and education.
Sole custody, if a parent has both legal and physical custody and the other has fairly limited visitation.
Joint custody: both parents share physical and legal custody.

SPOUSAL SUPPORT (spousal maintenance)

Texas allows a maximum spousal support payment of $5,000 a month or 20% of a spouse’s average monthly gross income, if that amount is less then the $5,000.
Spousal support can be only required when the receiving spouse is not able to earn sufficient income and the time frame is not forever.
How long can you receive spousal support in Texas if you meet the requirement? Married 0-10 years = None, Married 10-20= up to 5 years, Married 20-30 years= up to 7 years, Married 30 or more years= up to 10 years
There are three exceptions:
- Mental or Physical disability
- Needed for tending to an infant or young child of the marriage
- A spouses earnings are enough to provide for the "minimum reasonable needs"

At this point you and your spouse have either came to an agreement and signed a decree of divorce or their still isn't an agreement on all terms. If the parties cannot reach an agreement, they may be required to attempt Mediation (only if you haven't already). If the parties cannot reach agreement, a trial date will be set and the judge will decide what the terms of the divorce will be.

Agreed Divorce: In an agreed divorce divorce, the spouses will include the terms of the divorce within a document called the "Final Decree of Divorce" or what is often referred to as the "Decree". The document will be signed by both spouses and then presented to the judge for his/her signature by one or both of the spouses at a "prove-up" hearing. The presenting spouse will hand the Decree to the judge and read a few sentences from a script. Once the Decree has been proved up, the judge will make it official and sign the Decree.

Comments 511

Shawn E
June 14, 2018 at 12:36 pm

Filed for divorce almost 61 days ago. Wife permanently lives in another country, but was able to sign and notarize the Waiver of Citation. Does she have to sign and notarize the Final Decree as well before I call into the court for a court date?

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1. Post
  Author
  
  txdivorce
  June 14, 2018 at 4:49 pm
  
  A signature on the decree is best. No need for it to be notarized.
  
  Reply
Nicole
June 14, 2018 at 9:26 am

Where do I find the Final Divorce Decree forms to fill out and take to court since I am filing on my own?

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1. Post
  Author
  
  txdivorce
  June 14, 2018 at 5:26 pm
  
  You can find forms (including a divorce decree) on our divorce forms page.
  
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2. PJ
  October 21, 2019 at 9:21 am
  
  Nicole, you don’t have to wait until you are divorce you need to find Attorney general office and file child support for financial help from spouse while waiting on your divorce etc.
  
  Reply
Keelie
June 13, 2018 at 7:25 am

My husband and I have been separated since December 2014. Yesterday I went before the judge pro se , our divorce is uncontested final decree has been signed, waivers of service have been signed and turned in. My soon to be ex husband and I have 3 children but the man I am with now we have 2 children. The first born in 2016 and then 2018. The judge kicked me out of her courtroom yesterday said she wasn’t hearing my case I need to have a lawyer represent me and the husband needs to be present. I can’t make him go to court he signed waivers so he didn’t have to be there. What do I do? We are a low income family I have had sole possession of the children for the last year with no help for the husband.

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Vicki A Baker
May 19, 2018 at 12:04 pm

My husband abandoned me 7 1/2 years ago & I don’t know where he lives how can I get my divorce

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1. Post
  Author
  
  txdivorce
  June 14, 2018 at 5:37 pm
  
  You can still get a divorce, but you’ll have to jump through some extra hoops. It is best to have an attorney help. Here is our response to a FAQ about not knowing the whereabouts of a spouse.
  
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Donna Jackson
May 15, 2018 at 10:38 pm

My soon to be ex was served, signed and sent me the waiver, but didn’t sign the final divorce because I thought he didnt have to. He says he will sign, but is dragging his feet. We have no kids or property and married barely a year. Can I just show up to court during uncontested time slot and granted a default? Thank you.

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1. Post
  Author
  
  txdivorce
  June 14, 2018 at 5:02 pm
  
  It is not that easy. Here is a response to a FAQ about what to do when a spouse does not respond.
  
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Cindy
April 27, 2018 at 2:35 am

My husband made a hasty decision in filing for divorce. I want to try counseling, is there a way to withdraw the petition or do I need a lawyer to answer it?

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  txdivorce
  May 9, 2018 at 1:44 pm
  
  Only the petitioner can dismiss the petition for divorce.
  
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Tammy
April 24, 2018 at 9:49 pm

Judge ruled to sell all real estate and split 50/50 because both parties could not agree on property division. Then judge allowed for a trial for claims reimbursement. Had the claims reimbursement been ruled before any attempt to divide property, both parties would have had no issue dividing property after. Now that a receiver is involved, both parties are being told it’s too late to agree on terror own. CR trial was only a week ago and the receiver already had his hearing just before CR trial took place. Is it too late to ask the judge to allow the parties to settle on remaining properties and avoid the sales, receivership, and realtor fees involved? Decree is not even written yet and therefore not even signed.

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LaJoy
April 24, 2018 at 2:34 pm

I signed the notice waiver and now my husband will not tell me the court date. We are in the cool off period. Can I appeal the waiver?

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 10:54 am
  
  The waiver is the document that says you received a copy of the petition. It may also say other things like “you waive your right to receive notice of hearings”. You can file an “answer” with the court. A sample answer can be found above.
  
  Reply
Nikki N.
April 23, 2018 at 3:33 pm

My divorce decree has been issued, I was not informed of any hearings until the day before by my now ex-husband. How long do I have to file for an appeal or new trial completely?

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 10:54 am
  
  You’ll need to speak with an attorney ASAP.
  
  Reply
Crystal
April 19, 2018 at 9:04 pm

My husband and I have been together since August 2005, got married in Aug 2008, I wanted a sepeeration he wants a divorce. I have been a stay at home mom steadily for the past 7 years, off and on prior prior to our 2nd child who is now 7, would I be granted spousal support even though we have only married a few months shy of 10years? We also have 3 kids together and i have a part time job that started a month ago!

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 10:56 am
  
  Unfortunately, we cannot give legal advice. Our service is designed for spouses that will agree on terms of the divorce.
  
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Jim
April 18, 2018 at 5:11 pm

Is money earned after the filing of a divorce petition still community property, or once the divorce petition is filed it is separate property? In other words, is the value of the community estate done as of the day the divorce petition is filed, or the day the divorce is final?

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My name Jeff
April 12, 2018 at 3:18 pm

Can the 30 day period to re marry be waived?
If so, how long can that take.

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MARI
April 10, 2018 at 9:43 am

If he failed to fill out his portion of the final decree of divorce but signed it would it still be allowed for court?

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 11:01 am
  
  It is hard to know if a judge would allow you to prove-up a decree that was missing information. I guess it would depend on what information is missing and perhaps the judge’s prove-up requirements.
  
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George
April 6, 2018 at 1:50 pm

If all bills are split equally during the marriage, and wife abandons the home and decides to stop paying her half of the mortgage. will she still get half of the house when the divorce is final?

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 11:03 am
  
  It is hard to know for sure. A divorce attorney would be best suited to give you advice on this situation and whether a reimbursement claim would be advisable.
  
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Anne
March 18, 2018 at 10:03 am

My husband and I have been unknowingly still married but separated for 15 years. I had filed for a divorce when we first split thru a legal aid, but did not realized that the process did not get finished. Now I’m trying to do it myself. I have filed my original petition for divorce as well as my civil case sheet. I have a copy of the final court order for custody, signed by the judge that was over that case. My ex says he will sign the final decree. I really don’t want to mess this up this time. So I was really hoping you could help me figure out exactly what I now need to send to my ex to have signed and what I need to bring to court when it’s time.

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Charles
March 14, 2018 at 12:39 pm

Hello, I did not have my spouse served (who lives across the country now). I sent her the final decree and the original answer it and she signed them and sent them both back. I filed the original petition over the required amount of days, will I need a waiver of service to see the judge? Are there any more forms I need to have in order to finalize this? Thank you for the help.

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Alex
March 11, 2018 at 11:55 pm

If I file for divorce, and he doesn’t answer and we decide to work things out, do I have to let the clerk know or do I simply forget about it?

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1. Post
  Author
  
  txdivorce
  March 29, 2018 at 2:49 pm
  
  You can ask that the court dismiss the divorce proceeding. If you do not, the court should eventually dismiss for you.
  
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Ashley
March 10, 2018 at 8:42 am

Im in the Army and I jist came back from a deployment. My wife cheated on me while I was gone so I asked for a divorce but she refused to file. So I filed, she is now saying she won’t sing the papers I served her. And the military is making me pay her still until the divorce is final even though she committed adultery. They said they only way i wouldn’t have to pay is get it court ordered. I don’t know how to do any of that.

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 11:04 am
  
  You should hire a divorce attorney to handle this situation for you.
  
  Reply
2. Patricia Ann Fink
  September 21, 2019 at 11:57 am
  
  Married 42 years, want to file for a divorce. My husband inherited property and we have farmed it for about that many years. Both our monies went into this property as for as farming expense, fencing, paying taxes, and up keep. It this property still considered seperate property. How does Texas Courts handle such situations.
  
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David Ramirez
March 8, 2018 at 6:54 pm

Can a judgement against me be taken from my paycheck in a divorce?

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 11:06 am
  
  Generally speaking, a child support obligation can be taken from your paycheck.
  
  Reply
Jack
March 6, 2018 at 5:36 pm

Okay my wife and I separated about 3 years ago I hadn’t heard nor spoken to her for 2 years until the last year she sent divorce papers from Oklahoma city I live in Dallas I tried my best trying to get ahold of her when she left but she wanted nothing to do with me so by the time I received the papers of course I just signed them and sent then back I got in co tact with her a few months ago asking her if she had filed them to complete the processes and she has blocked me from any and every way so I have no way of getting in contact with her my question is for her not giving me the divorce could I get alimony for her not completing the process and or what should I do to get things done she wanted the divorce I gave it to her only for her to hold off and just continue to be married to me

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1. Post
  Author
  
  txdivorce
  April 26, 2018 at 11:07 am
  
  Jack, you should discuss this with a divorce attorney.
  
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Michael
February 27, 2018 at 12:05 am

I have been separated from my wife since 1993 and I can not find her to file for a divorce what can be done? We were separated while both of us were in the Army and had only been together for about 3 years but I was deployed and when I got back it was all over

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1. Post
  Author
  
  txdivorce
  March 1, 2018 at 2:52 pm
  
  You’ll have to get court permission to deliver notice an alternative way (publication in a newspaper perhaps?). This will require a divorce attorney to request and receive permission for alternative service.
  
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Jerome Phabian
January 27, 2018 at 9:26 pm

Do I have to pay child support for a step child in the state of Texas, my spouse knows who the father of my step daughter is but has not made him pay support for 14 years

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JJ
January 25, 2018 at 6:05 pm

I have not communicated or seen spouse for over thirteen years, we only lived together for about a year total time as married. No joint assets/debt/or children. I had no idea of his whereabouts all this time. I finally decided to tie up the loose ends, used an online service to run a “background check” on him to see if I could find a recent location. In that process, I found out that he has apparently married someone else a couple of years ago. Additionally, when he was a child his parents changed his birth name for religious reasons. I knew him under his legal changed name. He apparently filed for bankruptcy two-three years ago under his legal changed name and is now going by his birth name. I have gone ahead and filed already. I want to know what the deal with his new marriage is as in does it have any effect on my filing and case? Does the name change have any effect?

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Gabriel Chavez
January 19, 2018 at 11:31 pm

Been married 8 yrs. wife left said I haven’t changed my attitude. we have 2 kids. should I file first or wait for her? I don’t want a divorce but if I have to I want 50/50 with my kids. no child support so I can provide for them.

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Heather Oser
January 18, 2018 at 4:04 pm

When can I set up a hearing after I serve my spouse?

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1. Post
  Author
  
  txdivorce
  February 10, 2018 at 4:27 pm
  
  Each court does it a little differently, but generally speaking you can set a “prove up” hearing after the 60th day from the date the petition was filed (once both spouses sign the decree). If your spouse does not sign the decree and does not file an answer, you can ask the court to sign a “default” judgment as a result of the spouse’s default (i.e. failure to object or contest your request for divorce). If your spouse files an answer/response, you will have to have a trial where the judge decides the terms of the divorce.
  
  Reply
Tina love
January 11, 2018 at 3:31 pm

My husband signed the waiver does he need to turn it in to the court or can I turn it in for him?

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1. Post
  Author
  
  txdivorce
  February 10, 2018 at 4:28 pm
  
  Either party can file the signed waiver.
  
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Deborah Perez
January 3, 2018 at 3:29 pm

My husband of 31 years says he will be filing an original petition for divorce and that I will have 30 days from receipt of petition to vacate our residence…even if I have no financial means of doing so…no job…no vehicle…no alternate living arrangements as yet. Can I be forced from our home after 30 days of filing???

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Courtney
January 2, 2018 at 8:17 pm

I efiled my Petition, my petition was rejected for this following reason “PLEASE FILE WITH THE COUNTY THAT YOU CURRENTY RESIDE PER THE ADDRESS LISTED ON YOUR PETITION. DALLAS COUNTY FILES BASED ON JURISTICTION OF WHERE YOU LIVE. ” I am in the military and on the petition I put a mailing address where I would receive my mail. I am a resident of Texas. How do I address this issue?

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Derek
December 28, 2017 at 4:41 pm

If I filed for divorce on 15 December 2017, technically my 61st day will be 14 February. Texas has the cool down period, but i want to remarry a service member who has to report to their next unit 10 March 2018 in Alaska. Is there anyway that the judge will waive the cool down period so that we can get married.

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Savannah
December 27, 2017 at 4:18 pm

I have not seen my spouse in 28 years. He finally abandoned me after almost 1 year of abuse (every type of abuse). He had me sign divorce papers 28 years ago. After signing paperwork more abuse until I got away. I am scared he will find me. How do I file for divorce?

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