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.
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