Going through a divorce is one of life’s most challenging experiences, and the legal process can feel overwhelming when you’re already dealing with the emotional stress of leaving a relationship. While every divorce journey is unique, knowing how to file for divorce in Texas step by step can help you feel more in control of the situation. Here’s what to expect:
- Hire a qualified family law attorney
- Determine if you meet Texas residency requirements
- Gather all necessary financial and personal documents
- File the original petition for divorce with the court
- Serve divorce papers to your spouse
- Wait for the mandatory 60-day waiting period
- Complete financial disclosures
- Negotiate a settlement or prepare for trial
- Attend the final divorce hearing
- Receive the final divorce decree
At Guzman Law Firm, we understand that taking the first step toward divorce can be tough. Our experienced divorce lawyers in Laredo, TX and San Antonio, TX, led by skilled attorney Javier Guzman, are here to guide you through each stage of the process with compassion. and expertise.
Don’t go through this difficult legal journey alone — call (956) 516-7198 or contact us online today for a consultation. We’ll help you understand your rights and develop a strategy that protects your interests and those of your family.
1. Hire a qualified family law attorney
So, what is the first step in filing for divorce in Texas? While Texas law doesn’t require you to have an attorney to file for divorce, attempting to navigate a separation alone can be risky, especially for those with children or shared assets. A qualified family law attorney will:
- Ensure all paperwork is filed correctly, as even small errors can cause delays, add additional costs, or even impact your rights
- Protect your rights by being your advocate throughout the process
- Evaluate your specific situation (including property division, child custody arrangements, spousal support, and debt allocation)
- Help you avoid costly mistakes that could impact your future
- Identify important issues you might not have considered (such as retirement account division, tax implications, or future child support modifications)
- Represent you if your case is taken to trial
Before taking any steps toward divorce, it’s a good idea to consult with an experienced family law attorney. This initial consultation can help you understand your rights, evaluate your options, and develop a strategy that protects both you and your family.
Your attorney can guide you on important preliminary steps, such as securing important documents, protecting your finances, and ensuring your children’s well-being during the process. Taking these precautionary measures before filing can significantly impact the outcome of your divorce and your experience throughout it.
2. Determine if you meet Texas residency requirements
Before you can file for divorce in Texas, you must meet specific residency requirements set by state law. Either you or your spouse must have lived in Texas for at least six months before filing for divorce. Additionally, at least one of you must have been a resident of the county where you plan to file for at least 90 days prior to filing. These requirements are strict and non-negotiable. If you don’t meet them, your divorce petition could be dismissed by the court.
This is another area where consulting with an attorney before taking any action is helpful. They can help verify that you meet all residency requirements and advise you on the best timing and jurisdiction for filing your divorce.
If you’re planning a move or have recently relocated, your attorney can guide you through how this may impact your ability to file for divorce. They can also help you create a strategy that protects both your interests and your children’s well-being.
3. Gather all necessary financial and personal documents
One of the most critical steps in preparing for divorce is collecting and organizing all relevant documentation, including the following:
- Tax returns
- Bank and credit card statements
- Mortgage documents
- Vehicle titles
- Retirement account statements
- Insurance policies
- Documentation of any separate property you owned before marriage
Beyond financial documents, you’ll also need important personal papers such as birth certificates, social security cards, marriage certificates, and any prenuptial or postnuptial agreements. Having these documents organized and readily available will help your attorney evaluate your case, fight for fair property division, and streamline the divorce process.
4. File the original petition for divorce with the court
The Original Petition for Divorce or Texas Petition for Divorce with Child is the legal document that officially starts your divorce case. This document includes basic information about your marriage, any children involved, and what you’re asking the court to do. Your attorney will help you determine what to include in your petition, such as grounds for divorce and any specific relief you’re seeking.
Your petition will also state whether you’re filing for a fault or no-fault divorce. Texas allows for both options, though most people choose a no-fault divorce based on “insupportability” (irreconcilable differences). The choice between fault and no-fault can have significant implications for your case, which your attorney will help you understand.
5. Serve divorce papers to your spouse
Once your petition is filed, your spouse must be legally notified of the divorce action. This process, known as “service of process,” must follow specific legal requirements to be valid. Your spouse can either accept service voluntarily or be served by a process server or sheriff’s deputy.
If your spouse cannot be located or is avoiding service, your attorney can help you explore alternative methods of service, such as service by publication or posting. Proper service is necessary because your divorce cannot proceed until your spouse has been legally notified or has waived service.
6. Wait for the mandatory 60-day waiting period
Texas law requires a minimum 60-day waiting period from the date of filing before a divorce can be finalized. This “cooling-off” period is mandatory in most cases, even if both parties agree to all terms of the divorce. The only exception is in cases involving domestic violence, where the waiting period may be waived.
This waiting period can be used productively to negotiate settlement terms, gather additional documentation, and work with your attorney to prepare your case. It’s also a good time to begin thinking about practical matters like separate living arrangements and temporary custody schedules if children are involved.
7. Complete financial disclosures
Both parties must provide a full and accurate disclosure of their financial situation. This includes completing a sworn inventory and appraisal that lists all community and separate property, debts, assets, and their values. This step helps work towards a fair division of property and debts.
Financial disclosure requirements are taken very seriously by Texas courts. Failing to disclose assets or providing false information can result in severe penalties and may be grounds for reopening the divorce settlement later. Your attorney will help you make sure that your disclosures are complete and accurate.
8. Negotiate a settlement or prepare for trial
Most divorces in Texas are resolved through negotiation and settlement rather than trial. This process can involve multiple mediation sessions, with separate sessions often needed for different aspects of your divorce.
For example, one session might focus on property division, while another addresses child custody matters, including conservatorship (legal custody), possession schedules (physical custody), and child support. The mediation process provides a more cooperative environment for resolving sensitive matters, especially those involving children, and many courts will order additional mediation sessions before allowing a case to proceed to trial.
If mediation doesn’t result in a complete agreement on all issues, your attorney will prepare your case for trial. Remember that even during trial preparation, settlement negotiations can continue, and many cases settle “on the courthouse steps.” Whether through mediation or trial, your attorney will work so that your rights and interests are protected throughout the process.
9. Attend the final divorce hearing
Whether your divorce is contested or uncontested, a final hearing before a judge is required. In an uncontested case where all issues have been resolved, this hearing is usually brief and straightforward. Your attorney will help you prepare for the hearing and know what to expect.
During the hearing, you’ll need to testify briefly about the information in your divorce petition and confirm that you understand and agree to the terms of your divorce decree. The judge will review your paperwork and, if everything is in order, grant your divorce.
10. Receive the final divorce decree
The Final Decree of Divorce is the court order that officially ends your marriage and sets forth all the terms of your divorce. This important document details the division of property and debts, child custody arrangements, support obligations, and any other agreements or court orders.
Once the judge signs the decree, your attorney will make sure it’s properly filed with the court clerk and that you receive a certified copy. Keep this document in a safe place, as you may need it in the future for various legal and personal matters. Your attorney will also advise you on any steps you need to take to implement the terms of your decree, such as transferring property titles or updating beneficiary designations.
Divorce in Texas — FAQs
How much does it cost to divorce in Texas?
The cost of a divorce in Texas can vary significantly, typically ranging from $3,000 to $30,000 or more, depending on whether the divorce is contested or uncontested, and the complexity of issues like child custody and property division.
For an uncontested divorce with minimal assets and no children, you might pay around $3,000-$5,000, but contested divorces involving children, significant assets, or lengthy court battles can easily exceed $30,000. The main costs include attorney fees (typically $200-500 per hour), court filing fees (around $300 in most Texas counties), and additional expenses like mediation fees or expert witnesses if needed.
How long does a divorce take in Texas?
After filing divorce papers in Texas, there is a mandatory 60-day waiting period before your divorce can be finalized, though most divorces take longer than this minimum timeframe.
For an uncontested divorce where both parties agree on all terms, the process typically takes 2-4 months from filing to finalization, but contested divorces involving disputes over children, property, or other issues can take 6 months to a year or even longer. The timeline can be extended further if multiple mediation sessions are needed or if the case goes to trial.
Continue reading: How long does a divorce take in Texas?
What is the 10-year rule in divorce in Texas?
The 10-year rule in Texas allows a spouse to potentially receive spousal maintenance (alimony) if the marriage lasted 10 years or longer and they lack sufficient income or property to meet their basic needs. However, they must also prove they’ve made diligent efforts to earn income or develop necessary job skills during the marriage.
Is Texas a 50/50 state for divorce?
Texas is not a 50/50 state but rather a “community property” state, which means the court divides marital property in a way that is “just and right” – this often isn’t necessarily an equal split. The court considers factors like fault in the marriage’s end, disparity of earning power, who has primary custody of children, and each spouse’s separate property.
Filing for divorce in Texas? You need Guzman Law Firm by your side.
Those wondering how to file for divorce in Texas are often overwhelmed by the complexity of the process, but you don’t have to go through it alone. At Guzman Law Firm, our experienced legal team understands that each divorce case is unique, especially when children are involved. As a trusted child custody lawyer in Laredo, TX, we have helped countless families navigate complex divorce proceedings while protecting their rights and their children’s best interests during a divorce.
We pride ourselves on providing compassionate, strategic legal representation that puts your family’s needs first. Our attorneys will guide you through every step of the divorce process, from filing initial paperwork to negotiating fair settlements and representing you in court if necessary.
Don’t risk your future by trying to handle your divorce alone. Schedule a consultation today or call (956) 516-7198 and let us help you start your new chapter with confidence and peace of mind.
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