One of the first questions people ask when a spouse has cheated is whether it will matter in the divorce. In Texas, the answer is nuanced: you do not need to prove cheating to get divorced, but adultery can still affect the outcome. This guide explains how.

Texas allows no-fault divorce, meaning you can end a marriage without proving your spouse did anything wrong. Most divorces proceed this way.

But Texas law also recognizes fault-based grounds, and adultery is one of them. That means a spouse can choose to plead adultery as a ground for divorce. Doing so requires proof, and it can raise the conflict level, but in the right case it can meaningfully change the result.

Texas divides community property in a way the court finds “just and right,” which does not have to be equal. A judge can award the wronged spouse a larger share of the community estate when fault like adultery is proven.

This is where infidelity most often matters. If the cheating spouse also spent community money on the affair, on gifts, travel, or a second household, that spending can strengthen the argument for an uneven division, sometimes framed as a claim for waste or fraud on the community estate.

Fault can also be a factor a court considers when deciding spousal maintenance in some cases. It does not automatically create or bar support, Texas has strict eligibility rules for maintenance regardless, but a spouse’s conduct during the marriage can be part of the picture.

Generally, adultery by itself does not decide custody. Texas courts decide custody based on the best interest of the child, not on punishing a parent for the marriage ending.

That said, infidelity can become relevant if it directly affected the children, for example, exposing them to an inappropriate situation, or if it points to poor judgment that touches parenting. The focus stays on the child, not on the affair.

Because pleading adultery requires evidence and can escalate conflict, it is a strategic choice, not an automatic one. In some cases the financial upside justifies it. In others, a cleaner no-fault path serves the client better. The right call depends on the facts, the evidence, and what you are trying to achieve.

This is exactly the kind of judgment an experienced family lawyer helps you make.

Very few marriages end overnight. More often, the signs build quietly over months or years. If you are reading this, some part of you is already asking a hard question. This guide walks through common signs a marriage may be ending, and the practical steps worth taking if you are starting to think about divorce.

Every marriage is different, and no single sign means the relationship is over. But together, these patterns often point to deeper trouble:

• Communication has broken down. Conversations turn into arguments, or stop happening at all.
• You feel more like roommates than partners. Emotional and physical distance has become the norm.
• Contempt or resentment has set in. Small irritations have hardened into ongoing criticism or disdain.
• You are living separate lives. Separate finances, separate schedules, separate social worlds.
• Trust has been broken. Infidelity, financial secrecy, or repeated broken promises.
• You imagine your future without your spouse in it, and feel relief rather than grief.

Recognizing these signs is not the same as deciding to divorce. It is the point where many people start to think seriously about what comes next.

Whether or not the marriage ends, a few practical steps protect you and lower the stress if things do move forward:

• Get clear on your finances. Know what you own, what you owe, and where the accounts are. Gather statements and records now, while it is easy.
• Avoid major financial moves. Large transfers, big purchases, or draining accounts can create legal problems later.
• Prioritize the children. If you have kids, their stability matters most. Keep conflict away from them.
• Learn your options before acting. Understanding how Texas handles property, support, and custody helps you make calm, informed decisions instead of reactive ones.
• Consider talking to a family lawyer early. An early conversation is not a commitment to divorce. It is a way to understand your rights and your options before anything is decided.

Deciding whether to end a marriage is deeply personal, and it is not a decision a lawyer makes for you. What a lawyer can do is give you a clear picture of what divorce in Texas would actually involve for your situation, so that whatever you decide, you decide it with your eyes open.

Your decision is personal. If safety or a court deadline is involved, seek appropriate help promptly. Understanding the legal options can help you decide what to do next.

Yes, Texas is a no-fault divorce state. That means you can get divorced without proving your spouse did anything wrong. Texas also allows fault-based grounds for divorce, which can matter in certain cases. This guide explains the difference and helps you understand which applies to your situation.
 

What No-Fault Divorce Means

In a no-fault divorce, neither spouse has to prove the other caused the marriage to fail. In Texas, the legal grounds for a no-fault divorce is called “insupportability”: a formal way of saying the marriage has become insupportable because of conflict or personality differences, with no reasonable expectation of reconciliation.

The vast majority of Texas divorces are filed on this no-fault basis. It’s simpler, less contentious, and doesn’t require airing the reasons your marriage ended in court.

Fault-Based Grounds in Texas

Although most divorces are no-fault, Texas law still recognizes several fault-based grounds. A spouse may allege that the other was at fault for:

• Cruelty: treatment that makes living together insupportable
• Adultery
• Conviction of a felony (with imprisonment, under certain conditions)
• Abandonment for at least one year
• Living apart for at least three years without cohabitation
• Confinement to a mental hospital under certain long-term conditions

Why Grounds Matter

If most divorces are no-fault, why allege fault at all? Because fault can affect the outcome. In Texas, proving fault, such as adultery or cruelty, can influence:

• Property division: a judge can award the wronged spouse a larger share of the community estate.
• Spousal maintenance: fault may factor into support decisions in some cases.

This is why some spouses choose to allege fault, even though it requires proof and can make the process more contentious.

Which Should You Choose?

For most people, a no-fault divorce is the simplest and least stressful path: and it’s by far the most common choice in Texas. Alleging fault can be worthwhile when there’s strong evidence and a meaningful financial reason to pursue it, but it raises the conflict level and requires proof.

The right approach depends on your specific circumstances. An experienced family lawyer can help you weigh whether pursuing fault grounds is worth it in your case.

Frequently Asked Questions

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas.

Learn more at BClawTX.com.

Filing for divorce in Texas follows a clear legal process: confirm you meet the residency requirement, file an Original Petition for Divorce with the district court, notify your spouse, wait out the mandatory 60-day waiting period, resolve property and custody issues, and finalize with a signed Final Decree of Divorce. This guide walks through each step in plain language, and shows where the details can change the outcome.

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas.

Learn more at BClawTX.com.

The shortest possible divorce in Texas takes just over 60 days: but most take longer. The honest answer is that it depends almost entirely on whether you and your spouse agree on the terms. This guide gives you realistic timelines for both situations and explains what can speed a divorce up or slow it down.

The Mandatory 60-Day Waiting Period

Texas law requires a 60-day waiting period that begins the day you file your Original Petition for Divorce. No divorce can be finalized before this period ends, even if you and your spouse agree on absolutely everything. Think of it as a built-in “cooling-off” period. This is why no Texas divorce is finalized in less than about two months.

How Long an Uncontested Divorce Takes

If you and your spouse agree on all the terms (property, debts, custody, and support), your divorce is uncontested, and it moves quickly. Once the 60-day waiting period is satisfied and the paperwork is properly prepared and signed, a judge can finalize it shortly after. Realistically, an uncontested divorce often takes about 2 to 3 months from filing to final decree.

How Long a Contested Divorce Takes

When spouses disagree on one or more issues, the divorce is contested, and the timeline stretches. Resolving disputes takes time, exchanging financial information, negotiating, attending mediation, and possibly preparing for trial. A contested divorce commonly takes 6 months to a year or more, depending on the complexity of the issues and how cooperative both sides are.

What Makes a Divorce Take Longer

Several factors can extend the timeline:

• Disputes over children: custody and visitation disagreements often take the longest to resolve.
• Complex property: a business, multiple properties, or significant assets require valuation and negotiation.
• An uncooperative spouse: delays, missed deadlines, or hidden assets slow everything down.
• Court scheduling: busy court dockets can push back hearing and trial dates.
• Going to trial: a contested trial adds months compared with settling.

How to Speed Up Your Divorce

You can’t shortcut the 60-day waiting period, but you can avoid unnecessary delays:

• Agree where you can: every issue you resolve by agreement saves time.
• Consider mediation: it’s usually far faster than litigation.
• Stay organized: gather financial documents early so nothing stalls.
• Respond promptly: meet deadlines and return paperwork quickly.
• Work with an experienced attorney who can keep your case moving efficiently.

Frequently Asked Questions

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas. 

Learn more at BClawTX.com.

How Child Custody Works in Texas

In Texas, “custody” is legally called conservatorship, and courts decide it based on one overriding principle: the best interest of the child. This guide explains how custody and parenting time work in Texas, how courts make decisions, and what to expect, including when custody is contested. Many custody cases are not simple. When parents disagree about the schedule, when one parent wants to relocate, or when there are concerns about safety, substance abuse, or a parent who will not cooperate, the stakes are high and the process is demanding. This guide covers both the basics and what happens when a case is genuinely contested.

Conservatorship: What “Custody” Means in Texas

Texas law uses conservatorship to describe a parent’s rights and duties:

• Joint Managing Conservatorship (JMC): the most common arrangement, where both parents share rights and duties (this does NOT necessarily mean equal time).
• Sole Managing Conservatorship (SMC): one parent holds the major decision-making rights, often where there’s a history of violence, absence, or substance abuse.

Separately, possession and access governs the actual parenting-time schedule.

Possession and Access (Parenting Time)

Texas provides a Standard Possession Order (SPO): a default schedule presumed to be in the best interest of children age three and older. Many parents agree to a custom schedule tailored to their family’s needs instead. Either way, the schedule sets out who has the child and when, including holidays and summers.

How Texas Courts Decide Custody: The Best-Interest Standard

When parents can’t agree, the court decides based on the best interest of the child, weighing factors such as:

• The child’s emotional and physical needs
• Each parent’s ability to care for the child
• Stability of each home
• Any history of family violence or neglect
• The child’s own wishes (considered more as they get older)

Do Mothers or Fathers Have an Advantage?

No. Texas law does not favor mothers over fathers. Both parents have equal rights under the law, and courts decide based on the child’s best interest, not the parent’s gender. Fathers seeking custody have the same standing as mothers.

When Custody Is Contested or High-Conflict

Not every custody case settles easily, and the hardest cases are where experience matters most. A custody matter can become high-conflict when:

• One parent seeks sole managing conservatorship or wants to limit the other’s time
• There are allegations of family violence, neglect, or substance abuse
• One parent wants to relocate with the child, or refuses to follow the schedule
• A parent alienates the child from the other parent
• There is a significant imbalance of resources or power between the parents

In these cases the court may appoint an amicus attorney or a custody evaluator, order psychological evaluations, or hold contested hearings. Documentation, witnesses, and a clear strategy become essential. This is the kind of case Bollier Ciccone Stinson LLP is built for: contested custody where a parent’s relationship with their child is genuinely at risk.

How to Get Custody of Your Child in Texas

1. File the right case: a divorce (if married) or a SAPCR (Suit Affecting the Parent-Child Relationship) if not.
2. Establish the facts: document your involvement, the child’s needs, and your ability to provide a stable home.
3. Propose a parenting plan: a clear conservatorship and possession arrangement.
4. Negotiate or mediate: most custody cases settle without a trial.
5. Go to court if needed: where the judge applies the best-interest standard.

An experienced attorney strengthens your position at every step.

Other Custody Issues This Affects

• Child support: tied to custody and calculated under Texas guidelines.
• Relocation / geographic restrictions: when one parent wants to move with the child.
• Modifications: changing an existing order when circumstances change.
• Paternity: establishing legal fatherhood, sometimes required before custody.
• Grandparents’ rights: limited, but possible in specific circumstances.

Frequently Asked Questions

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas. 

Learn more at BClawTX.com.

The honest answer is that it depends on how much there is to resolve and how hard it is to resolve it. The court filing fee is around $300, but for most people that is the smallest part of the picture. What actually drives the cost of a divorce is conflict and complexity: disputes over children, significant or hard-to-value property, a spouse who will not cooperate, and the level of work required to protect what matters to you. This guide explains what you are really paying for, and why the cases that matter most are rarely the cheapest.

The Main Costs of a Texas Divorce

Every divorce involves some combination of these:

• Court filing fee: typically around $300, varying by county. Fee waivers are available in cases of financial hardship.
• Service of process: a small cost to formally serve your spouse (avoided if they sign a waiver).
• Attorney fees: usually the largest cost, and the one that reflects how complex and contested your case is.
• Mediation: often used to resolve disputes, and frequently less expensive than a contested trial.
• Experts: in higher-stakes cases, business valuators, forensic accountants, property appraisers, or a custody evaluator. These add cost, but in the right case they protect far more than they cost.

Why Conflict Is the Biggest Cost Factor

The single largest driver of cost is how much the two spouses disagree, and how high the stakes are.

Low-conflict divorces where both spouses genuinely agree on everything are the least expensive, because there is little for the attorneys and the court to resolve. These cases exist, but they are not the norm when there are children, real assets, or a power imbalance involved.

Contested and high-conflict divorces are where cost rises, and where experienced counsel earns its value. Every disputed issue, custody, support, the family home, a business, retirement accounts, hidden or undervalued assets, requires investigation, negotiation, and sometimes a hearing or trial. In these cases the goal is not to spend as little as possible. It is to get the outcome right, because the financial and parenting decisions made in your divorce will follow you for years.

At Bollier Ciccone Stinson LLP, much of our work involves exactly these higher-stakes cases: contested custody, complex property, and high-asset divorces where the details matter and the other side is well represented.

How Divorce Attorneys Charge in Texas

For contested and complex cases, most family law attorneys, including our firm, work on an hourly rate against an upfront retainer. You pay a retainer, the attorney bills against it as work is done, and you replenish it as the case continues. This structure fits cases where the amount of work depends on how the other side behaves, which is true of nearly every contested matter.

Some firms advertise low flat fees for divorce. Those flat fees apply to genuinely simple, uncontested cases with no children and no meaningful property. If your case involves real conflict or real assets, a bargain flat fee usually signals a process that is not built to protect you when the case gets difficult. When you consult an attorney, ask how they bill, what is included, and what could increase the cost. We give you a clear and honest picture for your specific situation.

What Drives the Cost Up?

• Disputes over children: custody, the parenting schedule, and support
• Complex or high-value property: a business, professional practice, real estate, retirement and investment accounts
• A spouse who will not cooperate, delays the case, or hides assets
• The need for experts: valuation, forensic accounting, or a custody evaluation
• A case that has to be tried because a fair settlement is not possible

None of these are reasons to choose the cheapest option. They are reasons to choose an attorney with the experience to handle them efficiently.

Getting Value From Your Legal Spend

Controlling cost is not the same as spending as little as possible. The goal is to spend wisely on the issues that matter. You can do that by:

• Coming organized: gather your financial documents early so attorney time goes to strategy, not paperwork.
• Choosing your battles: resolve the issues you can agree on, and concentrate resources on the ones that truly matter.
• Using mediation where it can settle a dispute that would otherwise be tried.
• Hiring the right firm the first time: experienced counsel that gets the result right is far less expensive than fixing a bad outcome later.

Frequently Asked Questions

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business

law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested

custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave,

Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas. 

Learn more at BClawTX.com.

An uncontested divorce is a divorce in which both spouses agree on every major issue, how to divide property and debts, child custody and support, and any spousal maintenance, so there’s nothing for a judge to decide. It’s the fastest, least expensive, and least stressful way to divorce in Texas. This guide explains what qualifies as uncontested, how the process works, how long it takes, and what it costs.

What Is an Uncontested Divorce?

A divorce is uncontested when both spouses agree on all of the terms and one spouse either joins the petition or signs a waiver rather than fighting it. There’s no trial and usually no courtroom battle, just paperwork, an agreed settlement, and a final hearing to make it official.

By contrast, a contested divorce is one where the spouses can’t agree on one or more issues, and the court has to step in to resolve them. Contested divorces take longer and cost more.

Do You Qualify for an Uncontested Divorce?

An uncontested divorce generally works best when:

• Both spouses want the divorce (or at least won’t fight it)
• You agree on dividing property, debts, and assets
• You agree on custody, visitation, and child support (if you have children)
• There is no history of family violence or serious power imbalance
• Communication between you is civil enough to reach an agreement

If even one major issue is in dispute, the divorce becomes contested, though a skilled attorney or mediator can often resolve disagreements and keep a case uncontested.

How Long Does an Uncontested Divorce Take in Texas?

Texas requires a mandatory 60-day waiting period from the date you file before any divorce can be finalized. For an uncontested divorce, finalization often happens shortly after that 60 days, once the paperwork is complete and signed. So a realistic timeline is roughly two to three months, depending on the court’s schedule.

How Much Does an Uncontested Divorce Cost in Texas?

An uncontested divorce is the most affordable path. Your costs include the court filing fee (typically around $300, varying by county) plus attorney fees, which are far lower than a contested case because there’s no litigation. Many firms handle straightforward uncontested divorces for a flat fee.

How to File for an Uncontested Divorce in Texas

1. Confirm residency: one spouse must have lived in Texas 6 months and in the filing county 90 days.
2. File the Original Petition for Divorce with the district clerk and pay the filing fee.
3. Have your spouse sign a Waiver of Service (or be served) so the case can proceed by agreement.
4. Put your agreement in writing: a complete settlement covering property, debts, custody, and support.
5. Wait out the 60-day period.
6. Attend a short prove-up hearing (or finalize by agreement) where the judge signs the Final Decree of Divorce.

Why Hire a Lawyer for an Uncontested Divorce?

It might seem like an uncontested divorce doesn’t need a lawyer, but the Final Decree is permanent, and errors are difficult and expensive to fix later. An attorney makes sure your agreement is complete, enforceable, and fair, that retirement accounts and property are divided correctly, and that nothing is overlooked that could cause problems years down the road. Often this is handled for a predictable flat fee.

Frequently Asked Questions

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas. 

Learn more at BClawTX.com.

Filing for divorce is the step that officially starts the legal process of ending your marriage. In Texas, it begins with a single document, the Original Petition for Divorce, but there are several steps that follow before your divorce is final. This guide walks through exactly what’s involved, so you know what to expect from start to finish.

The Original Petition for Divorce

Everything starts with the Original Petition for Divorce. This is the document you file with the court to formally request a divorce. It identifies you (the “Petitioner”) and your spouse (the “Respondent”), states the grounds for the divorce, and lays out what you’re asking the court to decide, such as property division, custody, and support.

You file the petition with the district clerk in the county where you or your spouse meets the residency requirement. To file in a Texas county, one spouse must have lived in Texas for at least 6 months and in that county for at least 90 days.

Filing Fees

When you file your petition, you pay a court filing fee: typically around $300, though it varies by county. If you can’t afford the fee, you can ask the court for a waiver by filing a “Statement of Inability to Afford Payment of Court Costs.”

Serving Your Spouse

After filing, your spouse must be officially notified that you’ve filed for divorce. This is called service of process. There are two common ways this happens:

• Formal service: a constable, sheriff, or private process server delivers the paperwork to your spouse.
• Waiver of Service: if your spouse is cooperative, they can sign a document agreeing to accept the petition without being formally served. This is common in amicable and uncontested divorces.

The Respondent’s Answer

Once served, your spouse has until a set deadline (the Monday after 20 days have passed) to file an Answer with the court. The Answer is their formal response. If your spouse doesn’t respond, the divorce may proceed by default: meaning the court can grant the divorce without their participation.

Temporary Orders

While the divorce is pending, either spouse can ask the court for temporary orders to keep things stable. These can address:

• Who lives in the family home
• Temporary custody and a parenting schedule
• Temporary child support or spousal support
• Who pays which bills during the case

Temporary orders last until the divorce is finalized.

The 60-Day Waiting Period

Texas law requires a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized. The clock starts the day you file. This “cooling-off” period applies even when both spouses agree on everything, so the fastest possible Texas divorce takes just over 60 days.

Finalizing: The Final Decree of Divorce

The divorce becomes official when the judge signs the Final Decree of Divorce. This document spells out all the final terms, property division, custody, support, and any name change. In an uncontested case, this can happen at a brief hearing shortly after the 60-day period. In a contested case, it follows settlement or trial.

Frequently Asked Questions

This content is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas. 

Learn more at BClawTX.com.