Filing for a divorce in Texas might seem daunting, but with the right guidance and a cooperative approach, it is certainly manageable. If you and your spouse agree to a collaborative divorce, there are specific provisions and support available to simplify the divorce process.
In Texas, the path to finalizing a divorce follows a series of steps. Our divorce and family law attorney, Chana Borman, recognizes that each divorce case is unique, and she is committed to supporting you at every stage of the process.
Our team at C.E. Borman offers a concise overview of the Texas divorce process in this blog—from filing the initial petition to securing the final divorce decree.
Grounds for Divorce in Texas
Texas law requires divorcing couples to provide a legally valid reason to dissolve a marriage. The most commonly cited ground is insupportability, which refers to irreconcilable differences.
This no-fault ground allows couples to proceed with the divorce without blaming one another. Another no-fault reason for divorce includes living separately for at least three years.
Additionally, Texas acknowledges fault-based reasons for divorce, which encompass:
- Adultery
- Cruelty
- Felony conviction
- Abandonment
- Confinement in a mental hospital
These grounds allow for the attribution of responsibility for the breakdown of the marriage to one party.
Contested vs. Uncontested Divorce in Texas
There is a difference between contested and uncontested divorce in Texas.
A contested divorce occurs when you and your spouse disagree on one or more issues, requiring a trial for a judge to make decisions.
Meanwhile, an uncontested divorce, also known as an “agreed divorce,” is possible when both spouses agree on all legal aspects, including the following, whichever is applicable:
- Division of property and debts
- Alimony or spousal maintenance; and
- Child-related matters (e.g., child support, child custody, or visitation for minor children)
They must also agree that the marriage is “insupportable” due to conflicts, with no hope of reconciliation—a common no-fault ground for divorce.
While fault-based reasons for divorce are also recognized, opting for them precludes the uncontested divorce path. (Tex. Fam. Code §§ 6.001-6.007 (2023)).
What to Do Before Filing for Divorce in Texas
Before initiating a divorce in Texas—also referred to as “dissolution of marriage”—it’s important to ensure you meet the state’s residency requirements and determine if you’re eligible for an uncontested divorce.
Next, you’ll need to obtain and fill out the necessary divorce forms and submit the requested documents.
These forms and possibly additional county-specific forms are usually available from the district court clerk’s office in your county or their website. Further assistance may be provided through online services that guide you through the Texas divorce process.
Texas Residency Requirements for Divorce
According to Tex. Fam. Code § 6.301 (2023), to get a Texas divorce, you need to meet the residency requirements of the state and ensure that either you or your spouse must have lived:
- in the state for six months before filing; and
- in the county where you plan to file for the previous 90 days.
How to File for Divorce in Texas
Divorce is a legal process that formally ends a marriage, regardless of whether it is early on or later in life. In Texas, the process is governed by specific steps that must be followed to ensure both parties’ rights are protected.
Here’s a detailed breakdown of each step involved in filing for divorce in Texas:
Step #1: File a Petition for Divorce
To initiate a divorce in Texas, the first step is filing a divorce petition at the district court in the county where either you or your spouse has resided for the last 90 days. The person who files becomes the ‘Petitioner’.
The petition includes essential details such as:
- Personal information about both spouses
- The reasons for seeking a divorce (grounds), and
- Any specific requests or modifications regarding child custody, property division, and other relevant concerns
Step #2: Serve Your Spouse
After the petition is filed, the next step is to inform your spouse by serving them with the divorce papers. This is crucial as it ensures that the spouse, known as the ‘Respondent,’ is officially aware of the proceedings and has the opportunity to prepare a response.
Service can be carried out by any of the following:
- Sheriff
- Constable
- Professional process server
Alternatively, if your spouse agrees to the divorce process, they can sign a Waiver of Service in the presence of a notary, which acknowledges receipt of the divorce petition and waives the formal service requirement.
Step #3: Spouse’s Response
Once served, the Respondent has 20 days to file a formal response, known as an ‘Answer,’ with the court.
This document indicates their desire to participate in the divorce proceedings and can contest or agree to the terms set out in the Petition. Additionally, the Respondent can file a counter-petition for divorce, outlining their own terms and conditions for the divorce.
Step #4: Temporary Orders
Either spouse can request a hearing for temporary orders if immediate concerns need addressing before the final divorce decree. These orders can determine the following during the divorce process:
Temporary custody and support of children, spousal support, who resides in the marital home, and other pertinent issues during the divorce process. Temporary orders are meant to provide stability and predictability but are not final and will be superseded by the final divorce decree.
Step #5: Negotiate Settlement
During the mandatory 60-day waiting period required by Texas law (this period may be waived in cases of family violence), both spouses have the opportunity to negotiate and settle the terms of the divorce.
- Negotiation: Negotiation offers a more amicable and cost-effective way to settle disputes during divorce. Spouses can negotiate directly or via their attorneys to agree on terms concerning the divorce.
- Mediation: In mediation, a neutral third party aids the spouses in communicating and negotiating to settle specific issues. Should direct negotiations falter or become strained, spouses might opt for mediation. The court can also mandate mediation for both parties before proceeding to trial.
Effective negotiation and mediation can resolve issues amicably and can often save time and reduce the emotional stress associated with a divorce trial.
Step #6: Finalize Divorce
Once all matters are resolved through negotiation, mediation, or trial, the final step is the court’s issuing a final divorce decree.
This document officially ends the marriage and includes all the terms of the divorce, such as the following:
- Property division
- Child custody
- Support arrangements; and
- Any spousal maintenance agreed upon or ordered
This decree is legally binding and marks the formal conclusion of the divorce proceedings.
Contact C.E. Borman Today
Navigating a divorce in Texas can be an emotionally taxing and intricate journey. While it’s possible to handle your divorce independently, the guidance of a divorce law attorney with a consistent and excellent track record in handling divorce cases can offer crucial support, ensuring a just and smooth process.
Our dedicated attorneys at C.E. Borman are here to assist you every step of the way, safeguarding your rights and advocating for your interests. We are committed to providing compassionate, effective legal representation to secure the best possible results for our clients.
Contact us today at 979-200-4725 for any questions or concerns you may have regarding your divorce papers or process.
