How a Family Attorney Can Help You File for Divorce in Texas

Ending a marriage is one of the most difficult decisions a person can make, and it rarely comes with a clear roadmap. The legal side of divorce in Texas adds yet another layer of complexity that can feel overwhelming on top of everything else you’re navigating emotionally. 

The good news: You don’t have to figure this out alone. A family law attorney can guide you through each step of the process. They make sure your paperwork is filed correctly and protect your relationship with your children, as well as your rights and financial future. 

This page will walk you through what the divorce process in Texas actually looks like, and where a family attorney makes the most meaningful difference in your journey. Topics covered include:

  • Residency requirements to file for a divorce in Texas
  • Typical grounds for divorce in Texas
  • Filing a petition for divorce and serving your spouse
  • The 60-day waiting period for divorces
  • How contested and uncontested divorces differ
  • Understanding child custody and support
  • The division of property between divorcees
  • Mediation and the final decree
  • Why having an attorney matters when filing for divorce in Texas

Do You Meet Texas Residency Requirements?

Before a divorce can be filed in Texas, at least one spouse must meet the state’s residency requirements. As outlined in Texas Family Code Section 6.301, that means:

  • You or your spouse has lived in Texas for the past six months, and
  • You or your spouse has lived in the county where you plan to file for at least 90 days

If you recently moved, or if you and your spouse live in different counties or states, your family attorney can help you determine exactly where and how to file. 

Lastly, if the spouse filing for divorce lives outside Texas, they can still file in the Texas county where the other person lives, so long as that person has lived in Texas for six months. These distinctions matter, and getting them right from the start prevents unnecessary delays.

What Are Grounds for Divorce in Texas? 

Texas allows couples to file on either no-fault or fault-based grounds. 

A no-fault divorce can be filed on the grounds of insupportability, meaning the marriage is no longer sustainable due to discord or conflict. Fault-based grounds often include adultery, cruelty, abandonment, felony conviction, living apart for three years, or confinement in a mental hospital.

Most divorces in Texas are filed on no-fault grounds, keeping the process more straightforward. A fault-based situation, such as cruelty, can influence how the court divides property, potentially awarding a larger share to the affected spouse. It’s critical to talk with a family attorney before you file for divorce to determine if fault-based grounds are present.

How to File a Divorce Petition and Serve Your Spouse

The divorce process in Texas begins with filing an Original Petition for Divorce, as required by the Texas Family Code, which officially initiates the legal proceedings. This document must be accompanied by a Civil Case Information Sheet that provides vital details to the court.

Once filed, your spouse must be formally notified. The petitioner must serve the other spouse with a copy of the divorce petition, and the respondent then has a specified period to file an official answer acknowledging the petition. 

You’ve probably seen this process happen on television or in movies before. Service can be handled by a process server, constable, or, in some cases, your spouse can voluntarily sign a Waiver of Service. If your spouse agrees to sign a waiver, they must:

  • Acknowledge receipt of the filed petition
  • Include a mailing address
  • Be sworn before a notary who is not an attorney in the case

Lastly, while timelines can vary by county, the waiver typically must be on file for at least 10 days before the divorce can be finalized.

A family attorney will manage all of this on your behalf, making sure service is completed correctly and that nothing is missed that could stall the divorce process later.

What is the 60-Day Divorce Waiting Period?

A divorce cannot be granted until at least 60 days after the original petition was filed. This mandatory cooling-off period applies to nearly all cases. The only exception is when the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a member of the petitioner’s household.

60 days seems like a lot of time, but they are not wasted, especially in more amicable separations. This period of time allows both parties to negotiate a settlement, gather financial documentation, and, if children are involved, work through custody and support arrangements. A great family attorney uses this window strategically.

Contested vs. Uncontested: Understanding the Difference

An uncontested divorce is one in which both parties agree on all terms, including the division of property, child custody, and child and spousal support. Uncontested divorces are faster, cheaper, and usually avoid a trial; it’s the best-case scenario in an already difficult situation. 

A contested divorce, however, means you and your spouse disagree on one or more terms, and the court will decide after hearings or a trial.

Important: Even in an uncontested divorce, where you and your spouse are on relatively good terms, it’s helpful to have a family attorney review an agreement before you sign it. Years down the road, property transfers, retirement accounts, and modifications to custody arrangements can all become extremely complicated if the original documentation is poorly written and/or not legally enforceable.

Child Custody and Child Support

If you have children, custody and support arrangements will be central to your divorce proceedings. Texas courts make all custody decisions based on the best interest of the child. Your attorney can help you understand the differences between conservatorship (legal decision-making authority) and possession (physical time with the child), and advocate for an arrangement that genuinely serves your family’s needs. Understanding both and how they interact matters enormously when negotiating or litigating your parenting arrangement.

Conservatorship is the legal term Texas uses instead of custody. It determines which parent has the right and responsibility to make important decisions about a child’s upbringing, including education, healthcare, and religious instruction. 

Under the Texas Family Code, there are three types of conservatorship: 

  • Joint managing conservator: Texas law presumes that appointing both parents as joint managing conservators is in the best interest of the child, meaning both parents share decision-making responsibilities, though the court can still assign certain rights exclusively to one parent, such as the right to designate the child’s primary residence. 
  • Sole managing conservator is where one parent holds exclusive decision-making authority, is more difficult to obtain, and is generally reserved for situations involving documented domestic violence, abuse, neglect, or substance misuse. 
  • A possessory conservator is the title given to a parent who is not appointed as a managing conservator. The court is required to appoint this designation unless parental possession or access would endanger the child under Texas Family Code Section 153.191. A possessory conservator retains the rights of a parent but does not have the final say on most major decisions. Their decision-making authority applies only during their scheduled periods of possession.

Speaking of Possession, this is the legal term for the parenting schedule, which means who the child lives with and when. It is a separate topic from conservatorship. A parent can share joint managing conservatorship with the other parent while still spending significantly less physical time with the child. 

The Standard Possession Order (SPO) is designed for children aged three and older, and a different framework applies for younger children. Parents can agree to a customized schedule, and courts will generally approve it as long as it serves the child’s best interests. Geography, work schedules, school proximity, and the child’s existing routine all factor into what a workable possession schedule looks like. 

This is one area where having an attorney draft or review the language carefully pays off. Vague possession orders are a common source of post-divorce disputes.

How Property Gets Divided

If you own a home, vehicles, retirement accounts, or have shared debt, understanding how Texas handles property division is essential. Texas follows a community property system, meaning most assets acquired during marriage are jointly owned, which significantly impacts how property is divided.

That said, Texas does not automatically split everything 50/50. Texas Family Code Section 7.001 states that a court shall divide the community estate in a manner that is “just and right, having due regard for the rights of each party and any children of the marriage.” In practice, this means a judge can award one spouse more than 50% of the community estate if the circumstances justify it.

Before a Texas court begins dividing assets, it will classify all property owned by you and your spouse as either separate property or community property. Separate property generally includes things owned before the marriage, or received as gifts or inheritance, and is typically not subject to division. There is a presumption that any assets possessed by either spouse at the time of the divorce are community property unless the spouse can prove otherwise. Proving that something is separate property often requires financial documentation and legal argument, which is exactly where a family attorney earns their fee.

Mediation and the Final Decree

The court may refer a divorce to mediation either by agreement of both parties or by court order. Mediation gives both spouses a chance to settle outside of a courtroom, which is often faster, less expensive, and less adversarial than going to trial.

Once all issues are addressed, the judge will sign the Final Decree of Divorce, making the divorce legally binding. This document contains all finalized terms, including the division of property, custody, and other relevant orders. Each spouse should keep a copy of the decree for future reference.

After the decree is signed, there may be additional steps. Your attorney can walk you through what needs to happen post-divorce, such as transferring titles, updating beneficiaries on retirement accounts and life insurance policies, and revising estate planning documents. 

Why Having a Family Attorney Matters During a Divorce

You are legally permitted to represent yourself in a Texas divorce. But the process involves Texas Family Code statutes, court procedures, financial disclosures, legal deadlines, and, if children are involved, decisions that will affect your family for years. 

While it is not required, working with a lawyer can be an essential support during the process. A family attorney is not just someone who files forms. They review your full financial picture, advise you on decisions, represent you in hearings, and make sure the final decree actually reflects what you agreed to. In a contested case, they are the person standing between you and a court ruling that may not account for the full picture of your marriage.

If you are considering a divorce in Texas and want to understand your options, speaking with a family attorney is the right first step. Our team at Ballard & Fleetwood, PLLC, is committed to giving you the best support possible during this challenging time. 

Please reach out with any questions you may have.

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Disclaimer: This page and all of its contents, including any sources cited, are for informational purposes only and not for the purpose of providing legal advice. Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser. You should contact your attorney to obtain advice with respect to any particular issue or problem.