A divorce decree is the publicly filed court order that ends your marriage and resolves every legal issue connected to it. Texas law allows for modifications if there’s been a material and substantial change in your circumstances, especially in regard to child support, child custody and possession, and spousal maintenance.
Your divorce is almost final. After months of negotiation, paperwork, and waiting, there is one document standing between you and the next chapter of your life. Before you sign it, you need to know exactly what it says and what it means once it is in effect.
Every term in it is legally enforceable, and both you and your ex are required to follow it for as long as it remains in effect. As a divorce attorney in Bryan, TX, Channa Borman has seen what happens when people rush through this document without fully understanding it. Here is what you need to know.
What Is a Divorce Decree in Texas?
A divorce decree is the final court order that ends your marriage and resolves every legal issue connected to it. When a Brazos County District Court judge signs it, your divorce is official.
The decree is filed with the court clerk and becomes part of the public record, though Texas law gives you options to protect your privacy. If that is a concern for you, there are specific steps you can take.
What Is Typically Included in a Texas Divorce Decree?
Every divorce decree is different, but most address the same core issues. Here is what yours will likely cover:
Division of Property and Assets
Texas is a community property state, meaning most assets acquired during the marriage are divided between both spouses. The decree will spell out which of you keeps the house, the vehicles, retirement accounts, and other property, down to the specifics.
Any assets that are easily overlooked, like stock options, business interests, or deferred compensation, need to be addressed clearly before the decree is finalized. Rushing this part is one of the most expensive mistakes you can make.
Child Custody and Possession
The decree establishes conservatorship (who has the right to make decisions for the children) and the possession and access schedule, including who gets which holidays and school breaks with the kids. This section governs your co-parenting arrangement until your children are adults, or until a court modifies it.
Child Support
If the children primarily live with one parent, the other parent will typically pay child support. The decree states the exact amount and due dates. As of September 1, 2025, Texas raised the monthly net resources cap used to calculate child support from $9,200 to $11,700 under Texas Family Code § 154.125.
Spousal Support
In some cases, one spouse may be ordered to pay spousal maintenance to the other. The decree will state the amount and how long payments continue. Not every divorce will include this, but if you lack sufficient property to provide for your minimum reasonable needs after the divorce, Channa can establish whether you’re eligible.
Division of Debts, Court Costs and Attorney Fees
Credit cards, loans, and other marital debts get divided too. The decree will say who is responsible for what, and ignoring assigned debt has legal and financial consequences for both of you. A judge may also order one spouse to cover the other’s legal costs. This is not automatic, but it does happen, particularly in contested cases.
What Happens After the Judge Signs Your Divorce Decree?
Once signed, the decree is filed with the Brazos County District Clerk and becomes a public record. You need to keep certified copies to update deeds, accounts, beneficiary designations, and other legal documents.
Did you know? You cannot remarry immediately. Under Texas Family Code § 6.801, you must wait at least 30 days from the date the decree is signed before legally remarrying. A judge can waive this under Texas Family Code § 6.802 for good cause, such as your new partner facing military deployment, but a waiver is not automatic and must be formally requested.
What If My Ex-Spouse Is Not Following The Divorce Decree?
When your ex misses child support payments, ignores the possession schedule, or violates a term you both agreed to, you have legal options. Your attorney can file a Motion to Enforce the divorce decree, putting the violation formally before a Brazos County judge.
Depending on the circumstances, the judge may hold your ex in contempt of court, order them to pay fines, require makeup possession time, or, in serious cases, impose jail time.
Under changes that took effect September 1, 2025, a parent who repeatedly interferes with court-ordered possession now faces escalating criminal penalties, up to a state jail felony on a third offense under Senate Bill 2794. If your ex is denying you access to your children, document every instance in writing and talk to an attorney before the pattern gets worse.
Making Changes to a Divorce Decree in Texas
Change is a part of life. A decree that made sense when it was signed may not fit your circumstances years later. Texas law allows for modifications, but the process depends on your situation:
- Child support: Under Texas Family Code § 156.401, you can seek a modification if circumstances have materially changed or if three years have passed and the current amount differs by 20% or $100 from current guidelines.
- Child custody and possession: Requires a material and substantial change in circumstances under Texas Family Code § 156.101.
- Spousal maintenance: Can be modified on a proper showing of material and substantial change in either party’s circumstances under Texas Family Code § 8.057.
Before You Sign, Make Sure You Understand Every Line
A divorce decree is one of the most consequential legal documents you will ever sign. Channa has been helping families in Bryan, College Station, and across the Brazos Valley get this right since 2002. Her job is not just to get you through the divorce process but to make sure the decree you walk away with actually protects you and your children going forward.
Schedule a consultation or call 979-200-4725 to talk through where you are in the process.
Frequently Asked Questions About Divorce Decrees in Texas
What is a divorce decree in Texas?
It is the final court order that ends your marriage and legally establishes the terms for your property, children, support, and debt. Once a Brazos County judge signs it, it is enforceable by law.
Is a divorce decree public record in Texas?
Yes, it is filed with the District Clerk and generally accessible to the public. Texas law gives you options to seal sensitive documents or restrict access, which is easier in family law cases than in other civil matters.
When can I remarry after my divorce is final in Texas?
Under Texas Family Code § 6.801, you must wait 30 days from the date the judge signs the decree (day 31 is the earliest). A judge can waive this under § 6.802 for good cause, but you must formally request it.
What happens if my ex does not follow the divorce decree?
Your attorney can file a Motion to Enforce with the Brazos County District Court. From there, a judge can hold your ex in contempt, impose fines, order makeup time, or, in serious cases, order jail time.
Can a divorce decree be changed after it is final in Brazos County?
Yes, under certain circumstances. Texas law allows modifications when there has been a material and substantial change in circumstances since the original order. A family law attorney can assess whether your situation qualifies.
What should I do before signing my divorce decree?
Read every section carefully and ask your divorce attorney to explain anything that is unclear. This document governs your life, your finances, and your children’s future, so rushing through it can be a costly mistake.
