A divorce is the legal process that ends a marriage in Texas. Whether you were married through a traditional ceremony or have a common-law marriage, the only way to formally dissolve a marriage in Texas is through court order. This blog covers the key aspects of the Texas divorce process, including the legal grounds for divorce, types of divorces, and what to expect when dividing assets and debts and handling child-related matters.

Filing for Divorce in Texas

A divorce begins when one spouse (the Petitioner) files a divorce petition in the district court of the county where either spouse has lived for at least 90 days. To file for divorce in Texas, at least one spouse must have been a state resident for at least six months before filing the divorce petition.

The Petitioner must then notify the other spouse (the Respondent) by providing the other spouse with a copy of the petition through one of the following methods:

• Waiver of Service – The Respondent signs a notarized waiver acknowledging receipt of the petition and allowing the divorce to proceed without formal service.

• Personal Service – A constable, sheriff, or private process server delivers the divorce paperwork to the Respondent.

• Service by Publication or Posting – If the Petitioner cannot locate the Respondent, the court may allow the petition to publish notice of the divorce in a local newspaper or post it at the courthouse. This option is typically a last resort and requires court approval.

Generally, the Respondent must file a response by 10:00 a.m. on the first Monday after the expiration of 20 days from the date the Respondent receives notice. If the Respondent does not respond or make an appearance by the answer date, the court may proceed with a default judgment, granting a divorce without the Respondent’s participation.

The 60-Day Waiting Period

Texas law requires a mandatory 60-day waiting period before a divorce can be finalized. This waiting period begins when the divorce petition is filed and allows time for reconciliation or negotiation. However, the court may waive the waiting period in certain family violence cases.

Grounds for Divorce in Texas

To obtain a divorce, the Petitioner must state a legal reason or “ground” for ending the marriage. Texas recognizes both no-fault and fault-based grounds for divorce:

No-Fault Divorce

• Insupportability – The marriage has become unsustainable due to conflict or discord, with no reasonable chance of reconciliation. Insupportability is the most common ground for divorce in Texas.

• Living Apart – The spouses have lived apart without cohabitation for at least three years.

• Confinement in a Mental Hospital – A spouse has been confined in a mental institution for at least three years with little chance of recovery.

Fault-Based Divorce

• Cruelty – One spouse has treated the other so cruelly that continued cohabitation is insupportable.

• Adultery – A spouse has been unfaithful during the marriage.

• Felony Conviction – A spouse has been convicted of a felony during the marriage and imprisoned for at least one year.

• Abandonment – One spouse has left the other spouse for at least one continuous year with no intent to return.

Contested vs. Uncontested Divorce

Divorces can be classified as either contested or uncontested:

• Uncontested Divorce – Both spouses agree on all divorce-related issues, such as property division, child custody, and child support. This type of divorce is typically faster and less expensive.

• Contested Divorce – The spouses disagree on one or more issues, requiring discovery, mediation, or trial to resolve their disputes.

Dividing Property and Debts

Texas is a community property state, meaning that each spouse shares an undivided one-half interest in most assets and debts acquired during the marriage. However, Texas divorce courts do not necessarily divide everything 50/50; instead, they aim for a “just and right” division of the community estate, considering factors such as:

• Each spouse’s earning capacity

• Fault in the breakup of the marriage

• Financial needs and responsibilities

• Custody arrangements for children

Certain assets—such as property owned before marriage, inheritances, and gifts to one spouse—are considered separate property and cannot be awarded to the other spouse in a divorce.

Child Custody and Support

When children are involved, the court will also determine custody, child support, and visitation arrangements based on the child’s best interests. Texas law favors joint managing conservatorship (shared custody) unless circumstances require otherwise. Per the Family Code, child support is calculated based on the non-custodial parent’s income, with a standard percentage applied to the non-custodial parent’s net resources based on the number of children supported. The court may also order temporary custody and support arrangements during the divorce process.

The Role of the Jury in a Texas Divorce

Texas is one of the few states that allows jury trials in divorce cases. While the judge has the final say on most issues, a jury can make binding decisions on:

• The grounds for divorce

• The characterization of property (i.e., whether certain property is separate or community property)

• The valuation of assets

A jury can also provide advisory opinions on other matters, such as property division, the unconscionability of premarital agreements, and attorney’s fees. However, the final division of property is determined solely by the judge.

Finalizing the Divorce

After the 60-day waiting period, a divorce can be finalized in one of three ways:

• Agreement by Both Spouses – If both spouses agree on all terms, they submit a divorce decree signed by both parties to the judge. Judges generally approve agreements unless they are unfair or unlawful.

• Bench Trial – A judge hears the case and rules on all issues.

• Jury Trial – A jury decides key issues, and the judge issues the final ruling.

The Final Decree of Divorce outlines property division, debt allocation, child custody, and support arrangements. A spouse who wishes to revert to a previous name can request a name change as part of the Final Decree of Divorce. The marriage is officially dissolved when the judge signs the decree.

Consult a Knowledgeable Texas Divorce Lawyer

Navigating the divorce process can be complex, especially when disputes arise over property, debts, or child custody. Even if you and your spouse agree on all issues, understanding the legal requirements and ensuring all paperwork is handled correctly can be challenging. 

Whether your divorce is contested or uncontested, consulting an experienced divorce lawyer can help protect your rights and make the process as smooth as possible. Do not let dealing with the legal system add more stress to your situation. We handle the details so you can focus on moving forward. You have one chance to do this—make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.