Texas Divorce Process

Divorce is never easy. Deciding to end your marriage may be the hardest thing you ever do. What makes it even harder is having no idea how the divorce process in Texas works. The odds of having a smooth divorce increase if you become familiar with Texas divorce laws.

Here, we'll explain the Texas divorce process and summarize the divorce laws in Texas. Divorce cases may also involve alimony, child custody, and property division issues. We will also link to other divorce articles in FindLaw's Divorce Section.

If you still feel overwhelmed, don't panic. You can contact a family law attorney to help with your divorce case.

Texas Divorce Terminology

Every state uses distinct terminology in its divorce statutes. You must understand these terms as you review the divorce process in Texas.

Some essential divorce terms to understand in Texas include:

• Petition for Dissolution of Marriage or Divorce — You must submit this form to start divorce proceedings in Texas. Some states refer to it as a "complaint for divorce."
• Petitioner — This party files the divorce petition seeking to end the marriage.
• Respondent — The non-filing spouse is the respondent. Generally, the respondent has 20 days to file a response to the petitioner's petition.
• Maintenance — In Texas, the courts refer to alimony as maintenance. For our purposes, we will use the terms alimony/spousal support/maintenance interchangeably.
• Community property — Texas is one of only nine community property states. In these states, the courts divide marital property evenly between the parties.
• Separate property — This includes any property you brought into your marriage. Separate property also includes gifts, inheritances, and personal injury settlements to one spouse.

Legal Requirements for a Texas Divorce

Regardless of the type of divorce you file, you must meet specific legal requirements. The Texas divorce process starts once you can prove to the court that you meet these criteria.

First, you must meet Texas' residency requirement. Texas law states you or your spouse must have resided in Texas for at least six months. You must also show that you've lived in the county where you're filing for divorce for at least 90 days.

For example, you can file your divorce papers with the Dallas County Family Court if you live in Dallas. You must certify that you've lived in Dallas for three months.

Texas does not recognize legal separation. So, there is no mandatory separation period for divorce in Texas. This doesn't mean you can't separate before filing for divorce. You and your spouse can even draw up a separation agreement. But this agreement is not enforceable by the court. What it can do is offer a starting point for your marital settlement agreement.

Choosing the Type of Divorce

Before you file your divorce petition, you must consider the type of divorce you wish to file. In Texas and most states, spouses go forward with two types of divorces. The first is an uncontested divorce. This term usually means the parties have an agreed divorce — they already agree on the divorce terms.

If you have resolved all the issues in your divorce, submit a copy of your settlement agreement to the clerk's office. The judge will review it and hopefully approve it. Once this happens, the court will schedule a hearing to review the agreement with you and issue your final divorce decree.

Another situation that amounts to an uncontested divorce is when your spouse doesn't file an answer to your original petition for divorce. In this case, the hearing goes forward, and your divorce attorney will ask the judge to issue a final judgment. When the respondent fails to respond to your petition after proper service of the petition, the judge can still grant the divorce based on the evidence you present. This may result in you getting all or most of what you requested in your divorce case.

The second type of divorce is a contested divorce. In these cases, the spouses disagree on one or more divorce terms. Some contested divorces can also involve a respondent who refuses to agree to a divorce or files a counter-petition.

Grounds for Divorce in Texas

In Texas, most cases will proceed on no-fault grounds. These include:

• Insupportability
• Living apart (without cohabitation) for three years
• When one party has been in a mental hospital for three years.

Insupportability means that "discord or conflict of personalities" has destroyed "the legitimate ends of the marital relationship." The impact must also prevent "any reasonable expectation of reconciliation."

Texas has also preserved certain fault-based grounds for divorce. These include:

• Cruelty
• Adultery
• Conviction of Felony
• Abandonment

Uncontested Divorce in Texas

An uncontested divorce is much simpler and less expensive than a contested divorce. But, to proceed with an uncontested divorce by agreement, you and your spouse must agree on all issues, including:

• Grounds for divorce (which may be no-fault or fault-based)
• Division of real property, financial accounts, personal property, retirement accounts (if any), and all other assets
• Division of all marital debts
• Custody and parenting time matters (in cases with minor children)
• Spousal support (if there will be an award)
• Child support (in cases with minor children)

The Texas Courts developed standardized forms for the simplest form of uncontested divorce. You must meet the following basic requirements to use these forms in the uncontested divorce process:

• The parties do not have minor children
• The spouses have no joint property or retirement benefits to divide
• Neither party is seeking alimony/spousal support
• Neither party has an open or pending bankruptcy case
• Both spouses agree to end the marriage

Texas family courts can't grant a divorce until the mandatory cooling-off period expires. Some people refer to this time as a waiting period. In Texas, a judge can't finalize a divorce before the 60th day after the filing.

Once the judge issues the final divorce judgment, it gets filed with the clerk. There is a 30-day appeals window. The appeals window allows the parties to appeal the divorce or to seek a modification of the terms of the final marital settlement agreement.

Under Texas law, the now-divorced spouses can't remarry until 31 days after the final decree gets filed. The exception is if they choose to remarry each other.

Contested Divorce in Texas

The legal requirements for a contested divorce are the same as those for an uncontested divorce. But, the process is much more complex. Many couples in this type of divorce seek legal advice from an experienced divorce lawyer. This is especially true for cases involving minor children or family violence.

The process for a contested divorce in Texas is:

• The petitioner files their petition for divorce with the local county clerk's office.
• The filing party must serve a copy of their divorce papers on their spouse. You can do this in person using a process server, through the sheriff's office, or via certified mail. The petitioner can also secure a waiver of service from the respondent.
• The petitioner can also request a "Temporary Restraining Order" [TRO] to prevent their spouse from spending, destroying, or eliminating marital property. A TRO also helps ensure that one party doesn't harass or menace the other throughout the family law case.
• In cases of family violence, a spouse may also file a request for a protection order to prohibit or limit contact between the parties.
• The respondent has 20 days to file a response (answer) with the court clerk.
• Both parties must submit documentation of their assets, income, expenses, and other information relevant to child support and alimony. If either party feels the other spouse hasn't provided all the relevant information, they can request more discovery.
• If the parties can't agree on divorce terms, the court may require them to attend mediation. If mediation is unsuccessful, the court will schedule a trial date.
• The judge usually issues a final divorce order after the trial.
• The judge can't finalize a contested divorce until 60 days after the petition's filing date. As with an uncontested divorce, the parties cannot remarry during the 30 days following the filing of the decree.

In contrast to many other states, Texans can demand a jury trial on certain issues in a divorce case.

Related Resources

• Texas Divorce Laws
• Texas Marital Property Laws
• Texas Child Custody Laws
• Texas Divorce Guide — Texas State Law Library Resource
• Texas Divorce Information — Texas Legal Help, by Texas Legal Services Center
• Texas Family Code — Title 1 (The Marriage Relationship) and Title 1-A (Collaborative Family Law) 
• Texas Divorce Forms
  

Get Legal Help with The Divorce Process in Texas

Contested divorces can be very complex. Even an uncontested divorce can be frustrating and stressful. Retaining an experienced divorce attorney helps make the process less painful. It also increases your chances of securing a fair divorce settlement.

Contact a local divorce attorney to review your case and guide you through the Texas divorce process.