Divorce

The Texas Divorce Process: Step by Step

Even simple divorces follow a series of procedural steps. Understanding each step can help you prepare and reduce stress.

1. Consultation and Planning – Before filing, meet with an attorney to discuss goals, potential issues and documentation. This is particularly important in Austin, where local courts may have standing orders about property management and children’s schedules.
   
2. Filing the Petition – One spouse files an Original Petition for Divorce with the district clerk in the county of residence. The petition states basic facts, whether the divorce is fault or no‑fault, and requests relief such as property division and conservatorship. The filing spouse must meet the six‑month/90‑day residency rules.
   
3. Service and Response – The non‑filing spouse is served with the petition and has a deadline to file an Answer. If the divorce is uncontested, the respondent may waive service and sign a waiver.
   
4. Temporary Orders – Either spouse may request temporary orders to address conservatorship, possession, support and exclusive use of property during the divorce. Temporary orders set guidelines until the final decree is signed.
   
5. Discovery and Exchange of Information – In contested cases the parties exchange financial information, appraisals, tax returns and other documents to determine the marital estate’s value. In Austin many cases involve tech industry compensation packages, stock options or real estate holdings; early identification of separate versus community property is crucial.
   
6. Negotiation, Mediation or Collaborative Law – Texas courts encourage alternative dispute resolution. Mediation involves a neutral mediator helping the parties reach agreement; collaborative law involves attorneys and specialists working cooperatively to craft a settlement. These methods often save time and money and preserve relationships.
   
7. Trial – If negotiation fails, the case goes to trial. Each side presents evidence and witness testimony, and a judge decides unresolved issues. Trials are less common but may be necessary when facts or law are contested, such as when a spouse disputes the classification of a business as community or separate property.
   
8. Final Decree – Once all issues are resolved, the judge signs a Final Decree of Divorce that divides property, outlines conservatorship and possession schedules and addresses support obligations. The decree is a binding court order.
   
   

Understanding the Types of Divorce in Texas

In Texas there are two primary categories of divorce: uncontested and contested. The distinction affects nearly every aspect of your case – from how long it will take to finalize to how much control you have over the outcome.

Uncontested divorces occur when both spouses agree on the major issues: division of assets and debts, parenting time and decision‑making, and financial support. Because Texas is a no‑fault state, you can end a marriage simply by stating that the marriage has become insupportable. An uncontested divorce typically moves quickly through the court because there is no dispute for the judge to resolve. After one spouse files the petition, the law imposes a 60 day waiting period before a court can finalize the divorce. Once that period has passed, and provided all necessary documents are filed correctly, the court can sign the decree.

Contested divorces arise when spouses cannot agree on one or more key issues – for example, how to divide a retirement account or which parent should have primary conservatorship. In these cases a judge must make decisions after hearing evidence, or the parties may negotiate a settlement through mediation or collaborative law. Texas requires that at least one spouse has lived in the state for six months and in the county of filing for 90 days before the petition is filed. Contested divorces usually take longer and cost more because the parties may engage in discovery, attend hearings and possibly present evidence at trial. They also shift control from the spouses to the court.

Factors That Influence Whether a Divorce Becomes Contested

1. Communication and Agreement – The more the spouses can communicate and negotiate in good faith, the less likely the case will require court intervention. Clear discussions about property, conservatorship and support reduce misunderstandings.
   
2. Complexity of Assets – High‑net‑worth couples, business owners and spouses with extensive retirement accounts may face more complicated valuation issues. Detailed financial discovery and expert reports can lengthen the process.
   
3. Emotional Conflict – Betrayal, infidelity or family violence often heighten emotions and make compromise more difficult. In such cases a judge may need to intervene to protect one party or the children.
   
4. Legal Grounds – Although most Texas divorces are no‑fault, there are still fault‑based grounds such as cruelty, adultery, conviction of a felony and abandonment. Alleging fault can impact property division and spousal maintenance awards.
   
5. Residency and Waiting Periods – If one spouse recently relocated to Texas or the county, they may need to wait until the residency requirements are met. Similarly, the 60 day waiting period applies to all divorces.
   
   

Property Division and Asset Protection

Texas’s community property system means that most property acquired during the marriage belongs to both spouses equally. Common examples include wages, homes, vehicles and retirement accounts. Separate property – items owned before marriage or received as gifts or inheritances – remains the owning spouse’s property and cannot be divided. Real property purchased during the marriage in only one spouse’s name is presumed community property unless proven otherwise.

When dividing community property, courts aim for a just and right distribution rather than a strict fifty‑fifty split. The judge considers factors such as each spouse’s earning power, children’s needs, health and education, and whether either party wasted or hid assets. High‑net‑worth divorces often involve complex assets like business interests, professional practices, stock options, retirement accounts, mineral rights and intellectual property. Expert valuations are often necessary to ensure equitable division.

Real estate: Real property can be awarded to one spouse with an equalizing payment or sold and the proceeds divided. If both spouses jointly receive property as a gift, each retains a half‑interest. A spouse who moves out during the divorce does not automatically give up rights to the home.

Business interests: Valuing a privately held company or professional practice requires examining financial statements, client lists and goodwill. Courts must determine whether the business (or its growth) is community or separate and then award a portion to each spouse or order a buyout.

Retirement accounts: Pensions, 401(k)s and IRAs accumulated during the marriage are community property. Division typically involves a Qualified Domestic Relations Order (QDRO) that assigns a portion to the non‑employee spouse.

Debt division: Community debt, like community property, is divided equitably. Mortgages, credit cards and business loans may be assigned to one spouse with an offsetting asset award.

Spousal Maintenance and Financial Support

Unlike some states, Texas does not automatically award alimony. Spousal maintenance is available only under certain conditions. A spouse may qualify if the other has been convicted of family violence within two years of filing, if the marriage lasted at least ten years and the applicant lacks sufficient property or earning ability, if both parties agree to it, or if a sponsored immigrant enforces a federal Affidavit of Support. Judges also require the requesting spouse to show they have diligently looked for employment or job training.

When deciding the amount and duration of maintenance, courts evaluate:

• Property Ownership – Judges compare each spouse’s separate and community assets to determine financial need.
  
• Marital Conduct – Wasteful spending, hiding assets or infidelity can reduce or increase maintenance.
  
• Efforts to Achieve Financial Independence – Proactive job searches, skill development and education show the spouse is attempting to support themselves.
  
• Length of the Marriage – Longer marriages generally result in longer maintenance periods; eligibility usually requires a marriage of at least ten years.
  
• Contributions as a Homemaker – Courts recognize the economic value of childcare and home management.
  
  

Texas law caps the duration of court‑ordered maintenance. Awards generally cannot exceed five years if the marriage lasted ten to twenty years, seven years if the marriage lasted twenty to thirty years, and ten years if the marriage lasted thirty years or more. Exceptions exist for spouses with disabilities or those caring for a disabled child, when support may continue longer. Maintenance payments end if the receiving spouse remarries or cohabitates with a romantic partner.

Couples may also negotiate contractual alimony, which is not limited by statute and can provide flexible support. A knowledgeable attorney can help ensure contractual alimony terms are enforceable and fair.

How Divorce Intersects with Child Issues

Although divorce primarily addresses the marital relationship, decisions about children are often intertwined. Conservatorship (custody), possession (parenting time) and support are resolved either within the divorce decree or through separate suits. Texas law presumes that parents should share parental rights and duties unless there is evidence that such an arrangement would significantly impair the child’s physical health or emotional development. In contested cases, courts consider the child’s needs, each parent’s ability to care for them and any history of family violence or neglect.

Child support in Texas is determined by statutory guidelines based on the paying parent’s income and the number of children. However, the court can deviate from the guidelines if circumstances warrant. Austin judges frequently order parents to attend parenting classes or mediation to minimize conflict and encourage cooperative co‑parenting. After the divorce is finalized, either parent may seek a modification of conservatorship, possession or support if circumstances have materially changed. Our firm handles modification suits to ensure orders remain workable as children grow.

Alternative Dispute Resolution and Collaborative Divorce

In Travis County and across Texas, judges often require parties to attempt mediation before scheduling a trial. Mediation provides a confidential setting where spouses, with the help of a neutral mediator, can craft creative solutions. Collaborative divorce goes a step further – both parties and their attorneys sign an agreement to resolve the divorce without court. They engage financial and mental health professionals to address financial and emotional issues. These approaches typically reduce costs, preserve privacy and allow the family to control the outcome rather than leaving decisions to a judge.

Preparing for Divorce: Practical Tips

If you are considering filing for divorce or have been served with a petition, taking proactive steps can protect your interests:

• Gather Documentation – Collect tax returns, pay stubs, bank statements, deeds, titles, appraisals, retirement account statements and any evidence of separate property. Detailed records help classify assets.
  
• Assess Finances – Create a budget for life during and after divorce. Understand your debts and credit reports, and plan for housing, healthcare and child expenses.
  
• Avoid Rash Decisions – Do not transfer or dispose of property without consulting your attorney; such actions could be viewed as hiding assets or wasting the community estate.
  
• Focus on Children – Shield children from adult conflict. Maintain routines, avoid negative comments about the other parent and consider counseling to help them adjust.
  
• Consult Professionals – Beyond your attorney, you may need a financial planner, therapist or tax advisor. In high‑net‑worth cases, business valuation experts can be critical.
  
  

Unique Considerations for Austin and Travis County

Divorce in Austin has its own local nuances. Travis County courts often issue standing orders when a divorce is filed, prohibiting parties from selling property, canceling insurance or removing children from the state without permission. Knowing and complying with these orders avoids penalties. Austin’s economy includes a vibrant tech sector and a hot real estate market, which means many divorces involve stock options, restricted stock units, cryptocurrency and rapidly appreciating property. Evaluating these assets requires specialized knowledge. Our firm’s local network includes appraisers familiar with Austin neighborhoods and forensic accountants who understand complex compensation packages. Because we appear regularly in Travis County courts, we are familiar with judges’ preferences and courthouse procedures.

Internal and External Resources

• Child Custody - Learn how conservatorship, possession and visitation decisions are made in Texas custody cases.
  
• Modification Suits - Understand how to modify an existing custody or support order if circumstances change.
  
• Non Parent Rights - Explore the rights of non parents, including grandparents and other caregivers, to seek custody or visitation.
  
• Mediation - Read about mediating divorce orders and the benefits of resolving disputes outside of court.
  
• Geographic Restrictions - Find out how relocation and geographic limits are addressed in custody and divorce matters.
  
• Texas Family Code - Review the official statutes governing marriage dissolution, property division, conservatorship, support and maintenance.
  
• Travis County District Clerk - Access local court information, filing requirements and resources for Austin‑area divorce cases.

‍