Texas Divorce Process

Overview of the divorce process in Texas

Prior to making the decision to proceed with a divorce in Texas, it is a good idea to become familiar with the divorce basics and the key issues that must be addressed in the divorce process.

Texas Divorce Basics

Names of the Parties: The spouse that files the petition for divorce (i.e. initiates the divorce with the court) is known as the "Petitioner". The other spouse is known as the "Respondent".

Jurisdiction: Texas courts only have jurisdiction to grant divorces for Texas residents. So, one of the spouses must be a Texas resident for 6 months prior to the date the petition for divorce is filed in Texas.

Venue: At least one spouse must reside in the county where the divorce is filed for at least 90 days prior to the filing of the divorce petition.

No Fault: Texas is a No Fault Divorce State. "No Fault" means that one spouse DOES NOT have to prove the other spouse has done anything wrong in order to obtain a divorce. You CAN NOT be held in a marriage if the other spouse does not want to sign or refuses to participate in the divorce process.

Cooling Off Period: Texas courts cannot grant a divorce until 61 days have passed from the date the petition was filed. This cooling off period supposedly helps couples who change their mind.

Appeal Period: After the divorce decree is signed by the judge, each spouse can technically file an appeal for 30 days. As such, neither spouse can get married until the divorce decree is final (30 days has elapsed from the date in which the judge signed divorce decree).

Grounds for a divorce in Texas

  • Adultery
  • Abandonment
  • Confinement for incurable insanity for three years
  • Conviction of a felony and imprisonment for over one year
  • Cruel and inhuman treatment.
  • Insupportability - This is the catchall that almost all divorces are filed under. Insupportability means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

The 6 Step Texas Divorce Process:

Comments 511

  1. Together 12 years, married 1.5 yrs. (4 children involved ages 6 to 15). One day wife says “we should do our own thing” then proceeds to “go out all night” during a weekend x2-3 weeks. then one day says, “aren’t you going to leave?” husband leaves home but financially supports wife for the kids. wife then tells husband shes planning on filling for divorce and she is dating someone new. Can husband file for adultery? No legal separation on file.

    1. Post
      Author
  2. *If I move from the shared address and out of the county the divorce petition was originally filed, do I have to notify the district county clerk of my change in address? Do I have to notify my soon to be ex-husband, the responded?

    1. Post
      Author
  3. If there is a final divorce decree that states my husband a defined total that he has to pay me for bills he did not pay, when is he required to pay it?

    1. Post
      Author

      A well drafted decree would have had a timeframe/deadline in which any funds should be paid. You can file a motion to enforce the divorce decree and argue that your spouse has not complied with the terms of the decree.

  4. Hi I here looking for information on helping my brother who is an inmate get a divorce. He has been asking for a divorce but the girl doesn’t want to give him one. She has had three or four kids since he’s been locked up also has got into a relationship and claims to be engaged with this other guy. This year will make 21 years by brother has been in prison. What can he or I do.

    1. Post
      Author

      He can seek a divorce, but he will need a good attorney to help. Unfortunately, it will be difficult to navigate the process without an attorney.

  5. My wife filed for divorce and I don’t want to get one, I want to try and work it out with her which I think we can if we just try a little harder. What can I do?

    1. Post
      Author

      A petitioning spouse is allowed to seek a divorce even if the responding spouse does not want one. If you do not sign the decree, the court should require the spouses to attend mediation before having a trial to determine the terms of the divorce. Hopefully the mediation will provide you an opportunity to work things out and cause the wife to dismiss the divorce petition.

  6. I submitted my petition on August 27,2016. Grace period is over. do i need to call court and ask on the date for the hearing? Or am i supposed to receive a letter?

    1. Post
      Author

      Each Texas court does it a little differently. If your spouse has been served and he does not respond to the petition, he is deemed to have consented to the request for divorce (the terms of which are found in the petition for divorce). The judge still has the discretion to deny the divorce if the divorce forms are not in order or if the terms of the divorce are not in the best interest of the child.

  7. I am awaiting for my divorce to be finalized and it says answer of (his) name when I check online to see where we stand. Can you tell me what this means? He was already given a citation.

    1. Post
      Author

      It sounds like your spouse filed an answer. This means you cannot get a divorce by default judgment. In other words, the terms of the divorce will either be decided by the judge after a trial or by parties (you and spouse) at meditation or after informal settlement discussions.

  8. I filed an uncontested divorce which we agreed, now he is procrastinating on signing the first process. Is their anything I can do and what if he does not sign the waiver etc will the divorce still take place in 61 days Infront of the judge? He also won’t move out which is another problem.

    1. Post
      Author

      There is a 60-day waiting period in Texas, but the divorce will not proceed automatically (except that some courts will dismiss the case if no action is taken within a certain amount of time). If your spouse will not sign the waiver, you should have him/her personally served with a “citation” and a copy of the divorce petition. The clerk will issue the citation ($8) and direct the constable by the constable to serve the divorce documents on your spouse ($150). He/she will then have until the Monday following the expiration of 20 days from the date they were served to file an answer. If they fail to file an answer timely, you may be able to get a divorce “by default”. There are procedural hurdles that must be cleared, so speaking with an attorney would be advisable.

  9. Do I need to file any special way if I have a minor child that is not the husband’s? Or do I just include the form that shows that it’s not his?

    1. Post
      Author

      If the child was born during the marriage, but is not your husband’s biological child, you will need to address paternity in the divorce documents. Unfortunately, this is going to require a Texas family law attorney.

  10. Im from another Florida and would like to move back home. My husband and I have been married for 3 years our daughter is 8. He has left the home. In TEXAS how hard is it to have a judge grant me approval to move back home with my family? I have not blood relatives in Houston.

    1. Post
      Author
  11. Is there a time frame after a divorce has been filed with the courts that the other party has to be served the divorce petition? I’m specifically asking for the state of Texas

    1. Post
      Author

      Each court has different requirements. If you start a divorce (i.e. file a divorce petition), but do not serve the other party within a reasonable time, the court may dismiss the divorce. Most Texas courts like to keep cases moving and will dismiss the cases that appear to be stagnant. You should receive a notice of dismissal before the divorce is dismissed. If you want to keep the case from being dismissed, you can appear at the dismissal hearing and explain why the case should remain active (i.e. you are trying to serve your spouse, but you are having difficulty locating her).

  12. My friend filed for a divorce from his wife several months ago. He went before the judge and she told the judge that he wanted a divorce because he don’t wanna assume responsibility of there disabled two year old. She refused to give him a divorce. So the judge did not sign off on it. Can he get a divorce even though the baby is blind and disabled? How long will it take to go back before the judge..

    1. Post
      Author

      If the disabled child is your friend’s child, he will not be able to get a divorce unless he assumes responsibility for his child (unless the friend and friend’s spouse agree otherwise). The judge should do what is in the best interest of the child even if the parties agree otherwise.

  13. I am the Respondent in a divorce in Gregg County. Our divorce is going on 2 years now and I have custody of our child at this time and we have not lived in Texas for the entire amount of time of the divorce. The Petitioner has stated he refuses to move to mediation because he will not agree to anything unless I give him our child. The Judge has clearly stated this will not happen because he has a criminal felony record. Is there something I can file to move to the final divorce being as he refuses to cooperate and move to final? I feel like I am being forced to stay married to someone that filed the divorce to begin with. Only reason I did not file is because we moved out of state when we separated.

    1. Post
      Author
  14. When filing for divorce how do they determine the debt and assets. My husband is going back as far as 2006 to say what checks I wrote that weren’t used for the house and house expenses are to be deducted from how much he owes me from our assets. Is this true?? Or is it the debt and assets we have now..

    1. Post
      Author

      It sounds like you have a contested divorce. I would recommend speaking with a family law or divorce attorney. You can ask legal questions at avvo.com.

  15. My husband showed up and only handed me the form titled respondents answer to divorce. What he has told me he hasnt done any other papers. he has not done anything with the courts yet he hasnt paid a fee or filed anything with the, he has had nothing stamped or anything.

    so doesnt he have to go to the county to do stuff there, and pay, and get stuff legally notorized or stamped before he gives me anything? and should i have to fill out the answer from the respondent or should i just have to sign it? if i have not been shown any legal document from him on this can he be granted a divorce without me knowing? and wouldnt i have to be told the grounds for divorce and stuff like that???? please if anyone can advise me in this i need some help and dont have the money to go speak to an attorney about it

    1. Post
      Author

      Respondent’s answer is meaningless if it is not filed with the court via the court clerk. It sounds like you did not file divorce, so assuming your spouse filed, it sounds like he was providing you an answer form. We can’t give legal advice, so I would recommend that you post your question at Avvo.com.

  16. My wife wants to leave me for another guy. He’s a sex offender on parole. Parole says he cannot have a relationship with her till we’re divorced, but also he cannot date a women with children without parole consent. I love her and know, given time we can reconcile our marriage. Do I have to sign anything, or can I contest it drawing it out.

    1. Post
      Author
  17. I have already been in a divorce since Sept 2014 with a child involved. He was the Petitioner. I am Pro Se and his attorney withdrew because he was arrested and waiting on trial for several criminal felony charges. The Judge signed an order denying him access to the child. Am I able to file for final judgment with sole custody on grounds of his imprisonment and a danger to the child? I have taken the parenting class 8months ago. He never took it

    1. Post
      Author

      It will be tough without a divorce attorney, but it sounds like you need to set the divorce for trial (assuming you and your spouse cannot agree on the terms of the divorce).

    1. Post
      Author

      If you file a divorce and cannot personally serve the respondent spouse, you can ask the judge to approve a substitute/alternate method of service (i.e. newspaper publication). It may be best to hire an attorney to help with the motion for substitute service and then the motion for default judgement (assuming your spouse does not file a response).

  18. Also, the first hearing we had the judge granted me the house, kids and one vehicle, and everything else was divided equally. He filed an appeal and was given a new judge who then over turned the first judges ruling, on everything and then some ( see first entry above).
    Yet, I was informed that if I filed an appeal, we would go before the same judge. I don’t understand how this in anyway is “fair and just”
    How does this work and how did this happen?

  19. I was married for 12 years, and I worked through out the marriage except for the last 2 years of it. My husband filed for divorce, and it was granted for unsupportability. He was given custody of our 2 children. Awared our house, all the equity in the house, our truck, suburban, and a Harley Davidson motorcycle. I was given no vehicle. I was denied any of his 401K as well as any interest we accrued on insurance policies we had. He kept all our furnishings and appliances, all my personal records (medical, birth, etc).Opened credit cards in my name with him as an authorized user, that I didn’t know about and maxed them out. And he also took all my 401k from my savings account. How did this happen if TX is a community property state? And what can I do about it if anything?

    1. He was ordered to pay spousal support, which he didn’t and in court his attorney said yes he did and the judge says to my attorney he said he did. And that was that. She didn’t ask him to show cancelled checks to prove that he did. Why?

  20. My husband and myself were married and live in Texas, but he spends a lot of time in New Mexico because of his business. We are doing our own Uncontested Divorce because we qualify and it works for us, since children are not involved. Instead of him having to fly here to Texas at a moment’s notice, can I send him the divorce papers and him sign them there and be notarized by a New Mexico? Will the Texas courts accept a New Mexico Notary Stamp?

    Many thanks!

    1. Post
      Author
  21. We have reached a final settlement agreement, where my spouse agreed to child support and to pay the premium for our daughters insurance through my work as he does not have a specific employer. He has since refused to sign the final decree stating he does not agree to pay the premium and signed her up for Medicaid instead. We are going to trial in a couple weeks. Chances the judge will accept Medicaid over my work insurance and change the already signed Mediated Agreement?

  22. What if the divorce is uncontested, no children involved and the other spouse has moved out of state and address is unknown..how are they served or is there a time period where their signature is not needed?

    1. Post
      Author

      You must give your spouse notice of the divorce. Each state has rules on how notice can be given. There are ways to comply with the law and provide notice to a spouse that cannot be located. You’ll likely need to speak with an attorney to accomplish alternative service.

  23. What if he served my mother who signed my name and hid court and a final decree was issued with no visitation and I’m being completely removed and tormented by him and his new girl friend who had just had their baby when he did this

    1. Post
      Author

      You’ll need to set aside the existing divorce decree. It sounds like you may have grounds to set aside. Unfortunately, this will require an attorney.

  24. Im in the process of divorce… we have temporary orders in place I haven’t heard about a mediation or when next court date will be. Is there a timeframe in texas that this has to happen? We have property that we need to settle on

    1. Post
      Author
  25. Divorce petition filed on 10 Nov 15. Respondent provided answer. Initially was going to be a contested divorce, but petitioner and respondent agreed on Temporary Orders, which were approved by court on 3 Dec 15. What is the next step? Will the court make a final decree 60 days after the petition was filed, and assets divided based on temporary orders? No children or spousal maintenance involved.

    1. Post
      Author

      The easiest way to resolve the divorce is to have both parties sign a divorce decree and present to the judge for signature. If both sides cannot agree on the terms of the divorce, the court may order mediation and then set a trial date (both of which are time consuming).

  26. once you file the original petition and you cant find your spouse he abandoned the family and you have no contact how do you proceed with the divorce without serving your spouse.

    1. Post
      Author

      You must give your spouse notice of the divorce. Each state has rules on how notice can be given. There are ways to comply with the law and provide notice to a spouse that cannot be located. You’ll likely need to speak with an attorney to accomplish alternative service.

  27. My husband and I have been married for 2 years. We have no property together, just 1 child together. I am filing for the divorce and he refuses to sign any papers. We are currently separated and have not had any communication. I want to know would this be contested or uncontested and if so what do I do from this point?

    1. Post
      Author

      The divorce is contested unless (1) both spouses agree to the terms of the divorce (i.e. by signing the divorce decree) or (2) your spouse receives notice of the divorce and fails to file an answer (you then request a divorce by default). If the case is contested, you can ask the judge to require mediation and see if the parties can agree on anything. If all terms cannot be agreed to, you will need to have a trial and let the judge decide the terms of the divorce that cannot be agreed to.

Leave a Reply to KTB Cancel reply

Your email address will not be published. Required fields are marked *