How to Get a Divorce in Texas: A Step-by-Step Legal Guide
Divorce is a challenging and emotionally taxing process, but understanding the legal steps involved can help you navigate it more smoothly. If you are considering getting a divorce in Texas, it is essential to know the state’s requirements, filing process, and deadlines. This comprehensive guide will walk you through everything you need to know about how to get a divorce in Texas.
Understanding Texas Divorce Laws
Texas is a no-fault divorce state, which means that neither spouse needs to prove wrongdoing to obtain a divorce. However, fault-based grounds such as adultery or cruelty can still be cited. Texas law also requires at least one spouse to have been a resident of the state for at least six months before filing.
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Step 1: Determine Eligibility for Divorce in Texas
Before initiating the divorce process, you must ensure that you meet the residency requirements in Texas. To file for divorce in the state:
- Either spouse must have been a resident of Texas for at least six months before filing.
- The filing spouse must have lived in the county where the divorce is being filed for at least 90 days.
If you meet these residency requirements, you can proceed with the legal steps of getting a divorce in Texas.
Step 2: Decide on the Type of Divorce
Texas recognizes two main types of divorce:
- Uncontested Divorce: Both spouses agree on all major issues, including child custody, property division, and spousal support.
- Contested Divorce: Spouses disagree on one or more issues, requiring court intervention to settle disputes.
An uncontested divorce is generally faster and less expensive, while a contested divorce can be time-consuming and costly due to court hearings and negotiations.
Step 3: Grounds for Divorce in Texas
Texas allows for both fault-based and no-fault divorces. In a no-fault divorce, the primary reason cited is “insupportability,” meaning the marriage has become insupportable due to discord or conflict with no hope of reconciliation.
Fault-based divorces require proving specific grounds, such as:
- Adultery
- Cruelty
- Abandonment (for at least one year)
- Conviction of a felony
- Living apart for at least three years
Choosing a fault-based divorce may impact property division and spousal support.
Step 4: Filing the Divorce Petition
The spouse initiating the divorce (the petitioner) must file an Original Petition for Divorce with the district court in the county where either spouse resides. The petition outlines the reason for the divorce and any requests regarding child custody, property division, and support.
After filing, the petitioner must serve the divorce papers to the other spouse (the respondent). This can be done through:
- Personal service by a sheriff or process server
- Certified mail
- Waiver of service (if the respondent agrees to sign and acknowledge receipt)
The respondent has 20 days plus the following Monday to file an answer with the court.
Step 5: Temporary Orders (If Necessary)
If immediate decisions regarding child custody, spousal support, or property use are needed, either spouse may request temporary orders. These orders provide stability during the divorce process until a final settlement is reached.
A hearing may be held to establish temporary arrangements, and these orders remain in effect until the final divorce decree is issued.
Step 6: Discovery and Negotiation
In contested divorces, both parties engage in discovery, a process where financial and personal information is exchanged. This step ensures fair division of assets and addresses any disputes regarding child custody and support.
Negotiation methods include:
- Mediation: A neutral mediator helps spouses reach agreements outside of court.
- Collaborative Divorce: Both parties work with attorneys to settle matters amicably.
- Litigation: If agreements cannot be reached, the case goes to trial.
Step 7: Finalizing the Divorce
Once all disputes are resolved, a final divorce decree is drafted. The court will schedule a final hearing where a judge reviews the agreement and grants the divorce.
Texas Divorce Waiting Period
Texas law requires a 60-day waiting period from the date of filing before a divorce can be finalized. Exceptions apply in cases of family violence.
Once the judge signs the final divorce decree, the marriage is legally dissolved, and both parties must comply with the terms outlined in the decree.
Special Considerations: Property Division and Child Custody
Texas follows community property laws, meaning that all assets and debts acquired during the marriage are considered joint property. However, separate property, such as inheritances and gifts, remains with the original owner.
Child custody decisions are based on the best interests of the child, and courts prefer joint managing conservatorship (shared custody) when possible. Child support is calculated using state guidelines based on the non-custodial parent’s income.
Special Considerations for Military Divorce
Military divorces have unique legal aspects, including adherence to federal laws such as the Servicemembers Civil Relief Act (SCRA), which can delay proceedings if one spouse is deployed. Additionally, benefits such as military pensions may be subject to division under the Uniformed Services Former Spouses’ Protection Act (USFSPA).
How The Levinson Law Firm Can Help With Your Divorce
At The Levinson Law Firm, we specialize in family law, including divorce, modifications, child custody, and pre- and postnuptial agreements. Our team understands the complexities of Texas divorce law and is committed to providing compassionate and effective legal representation. We also have extensive experience handling military divorces, ensuring that service members and their spouses receive fair treatment under the law.
If you are considering getting a divorce in Texas and need experienced legal guidance, our San Antonio-based team is here to help.
Contact The Levinson Law Firm Today for a Free Consultation
Getting a divorce in Texas involves several legal steps, from filing the petition to finalizing the decree. While the process can be complex, having a knowledgeable legal team on your side can make all the difference.
If you are considering how to get a divorce in Texas and live in or around San Antonio, TX, contact The Levinson Law Firm for expert legal assistance. Our team is dedicated to providing compassionate and effective representation to help you achieve the best possible outcome. Schedule your free consultation today!
FAQs
The minimum time to finalize a divorce in Texas is 60 days, due to the mandatory waiting period from the date the divorce petition is filed. However, if the divorce is contested or involves complex issues such as child custody or property division, it can take several months to over a year to complete.
No, Texas allows for no-fault divorces, meaning you can file based on “insupportability,” which means the marriage is no longer working due to conflict. However, if you can prove fault (such as adultery or cruelty), it may impact the division of assets or spousal support.
Texas is a community property state, meaning that assets and debts acquired during the marriage are generally divided equally between both spouses. However, the court may award an unequal distribution based on factors such as fault, earning capacity, and contributions to the marriage.
Yes, you can still get a divorce even if your spouse does not agree. If they refuse to participate, the court may issue a default judgment in your favor. However, if your spouse contests the divorce, the case may take longer and require court hearings to resolve disputes.
Yes, Texas courts may award spousal maintenance (alimony) in certain situations, such as long-term marriages (10+ years), cases of family violence, or if a spouse has a disability preventing them from self-support. However, alimony is not guaranteed and is generally limited in duration.
No, Texas law requires a 30-day waiting period before either spouse can remarry after a divorce is finalized. However, this waiting period can be waived under special circumstances by a judge.
