Thinking about divorcing your partner brings a lot of uncertainty. You may be wondering what will happen to your children, your home, your finances, and how long the process may take. Understanding the divorce process in Texas can make those next steps feel less overwhelming.
In this guide, we’ll walk through each stage of a Texas divorce, from filing the initial petition to the Final Decree of Divorce, and explain how issues like custody (conservatorship), property, temporary orders, and court proceedings may fit into the process.
What you need to file for divorce in Texas
Before filing, at least one spouse generally must meet the residency requirements under Texas Family Code § 6.301:
- Texas residency: At least six months.
- County residency: At least 90 days in the county where the divorce will be filed.
Once the residency requirements are met, one spouse starts the divorce by filing an Original Petition for Divorce with the court in the county where the case belongs. The spouse who files is called the petitioner, and the other spouse is the respondent.
The petition gives the court basic information about the marriage and lets the court know which issues may need to be decided, including paternity, child custody, property, and support. For many people living in Houston, the case may be filed in Harris County. Your case will be assigned to a specific judge. Harris County has more than a dozen family district court judges and you can find the court information here.
Filing and Serving the Divorce Petition
After the Original Petition for Divorce is filed, the case is opened and assigned to a court. The respondent must then receive legal notice of the divorce, usually through formal service of a citation and a copy of the petition.
The early stages of the Texas divorce process generally include:
- Filing the petition
- Serving the respondent with legal notice
- Receiving the respondent’s answer or, when appropriate, a waiver of service
- Identifying which issues are agreed on and which remain disputed
These steps establish the basic framework for how the divorce will move forward.
Temporary Issues During the Divorce
A divorce can take time to resolve, but families often need temporary arrangements while the case is still pending. These orders can provide structure until the court enters the Final Decree of Divorce.
Temporary issues may include:
- Child custody/conservatorship and possession schedules
- Child support
- Use of the marital home
- Payment of household expenses
- Other temporary financial arrangements
For parents, temporary decisions involving child custody/conservatorship and child support can be especially important because they affect where children live, where they go to school, how parenting time is structured, and how their needs are supported while the divorce is pending.
Resolving Financial and Legal Issues
Once temporary matters are addressed, the divorce usually moves into resolving the issues that will appear in the final decree. This may include property, debts, retirement accounts, support, and parenting arrangements.
The parties may exchange financial information and work toward an agreement in several ways:
Path | How It Helps Move the Case Forward |
Negotiation | Allows the parties to work toward an agreement directly or through their attorneys |
Uses a neutral mediator to help resolve disputed issues | |
Court | Allows a judge to decide issues the parties cannot resolve |
If the parties reach an agreement, the terms can be presented to the court and incorporated into the Final Decree of Divorce.
The Texas Divorce Timeline
The Texas divorce timeline starts when the Original Petition for Divorce is filed. Under Texas Family Code § 6.702, a court generally cannot finalize the divorce until at least 60 days after filing, although limited family-violence exceptions may apply.
Stage | Typical Point in the Process |
Day 1 | Original Petition for Divorce is filed |
Early in the case | The respondent is served or completes an appropriate waiver of service |
While the case is pending | Temporary issues, financial information, property, custody/conservatorship, and support may be addressed |
Before final resolution | The parties may negotiate, mediate, or prepare contested issues for court |
Day 61 or later | The divorce may be eligible for finalization if the required issues are resolved |
Final stage | The judge signs the Final Decree of Divorce |
The 60-day period is only a minimum. Contested custody/conservatorship, property disputes, financial issues, negotiations, and court scheduling can extend the divorce well beyond that point.
Finalizing the Divorce
The final stage of the divorce process in Texas occurs when the judge signs the Final Decree of Divorce. How the case reaches that point depends on whether the spouses resolve their disagreements.
If the spouses… | The case may end through… |
Reach an agreement | Court review and approval of the agreed terms |
Cannot resolve key issues | A contested hearing or trial where the judge decides them |
The final decree legally ends the marriage and sets out the court’s orders concerning property, child custody/conservatorship, child support, and other issues resolved in the case.
Preparing for the Texas Divorce Process With Legal Representation
A divorce can involve important decisions about children, property, finances, support, and court deadlines. Working with a family law attorney can help you understand where your case stands, prepare for each stage of the process, and make informed decisions as the divorce moves forward.
At Suday Law Houston, our team provides clear, compassionate guidance to individuals and families navigating divorce and related family-law matters throughout Houston and surrounding communities.
Call Suday Law today to schedule a free consultation and speak with our team about your divorce, your priorities, and the legal options that may be available to you.
Written by: Suday Law Editorial Team
Legally reviewed by: Katherine Denise Gomez. Managing Attorney of the Family Law Department at Suday Law PLLC.
Last legal review: October 14, 2026
Practice area: Family-based immigration
Office serving this page: Houston, Texas
Frequently Asked Questions (FAQS):
Can you get divorced in Texas without filing in court?
No. However, some courts may not require the spouses to appear physically, the divorce case itself must still be filed with a court. Some uncontested cases may require only limited court involvement, but the divorce is not final until a judge approves and signs the Final Decree of Divorce.
What is a Final Decree of Divorce?
It is the court order that legally ends the marriage and sets out the final terms involving property, children, support, and other issues.
Can spouses agree on the terms of a Texas divorce?
Yes. Spouses may resolve some or all issues through negotiation or mediation and present their agreement to the court for approval.
What happens if spouses cannot agree during a divorce?
Unresolved issues may proceed to a contested hearing or trial, where a judge decides the matters that remain in dispute.
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