Texas Divorce Process
The Texas divorce process follows a structured path from filing a petition to receiving a final dissolution of marriage, with a mandatory 60-day waiting period built in. If you’re considering a divorce in San Antonio, knowing what to expect at each stage helps reduce uncertainty and puts you in a stronger position to protect your financial security, your parenting arrangements, and your future.
Steps To Take for the Divorce Process in Texas
Step 1: Confirm Where and Whether You Can File
Before filing, you need to confirm that you meet Texas’s residency requirements. Under Texas Family Code § 6.301, at least one spouse must have lived in Texas for the six months immediately before filing and in the county where you’re filing for at least 90 days. If you recently moved to San Antonio, you may need to wait until you satisfy the Bexar County requirement before filing there.
Step 2: Complete and File the Required Forms
The process officially begins when your divorce attorney files an Original Petition for Divorce with the appropriate county court. This document informs the court that the marriage has broken down and outlines the issues that may need to be resolved, such as property division or other financial matters.
Once filed, the court opens a case and assigns it a cause number. Texas law requires a minimum waiting period of 60 days from the date of filing before the divorce can be finalized under Texas Family Code § 6.702.
Limited exceptions exist under § 6.702(c), including cases where the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner, or where the petitioner has an active protective order against the respondent based on family violence committed during the marriage.
Step 3: Serve Your Spouse
After the petition is filed, your spouse must receive formal notice that the case has started, which is called service of process. Legal notice can be delivered by a sheriff, constable, private process server, or, in some cases, by certified mail. Once served, your spouse has a set period to file an answer with the court indicating whether they agree or disagree with the requests in your petition.
Step 4: Request Temporary Orders if Needed
Divorces can take several months to complete, and some issues cannot wait. Courts may hold a temporary orders hearing to establish short-term rules that both spouses must follow while the case is pending. Temporary orders can cover:
- Who lives in the marital home
- Who pays which bills
- Temporary child custody and visitation schedules
- Temporary child support
- Temporary spousal maintenance
- Use of vehicles, bank accounts, and other property
Temporary orders are enforceable by the court and remain in effect throughout the divorce. They create stability while the parties work toward a final resolution, which is why requesting them promptly matters.
Step 5: Respond to Your Spouse and Exchange Information
The discovery phase allows both spouses to gather and share information relevant to the divorce. This typically involves financial documents, property records, and other materials that help clarify the full picture of the marital estate. Discovery can include written questions, document requests, or depositions in some cases, and it lays the groundwork for informed negotiations.
Step 6: Address Property Division and Spousal Support
Texas is a community property state, which means most assets and debts acquired during the marriage are subject to division. The court must divide the marital estate in a manner it considers “just and right” under Texas Family Code § 7.001, which does not automatically mean 50/50. Factors such as each spouse’s earning capacity, the length of the marriage, and fault in the breakdown of the marriage can all affect the outcome.
Many Texas divorces are resolved through settlement negotiations rather than a full trial or jury. When both spouses reach an agreement on all required issues, the terms are written into a final divorce decree for the court’s approval.
Step 7: Attend Hearings
Divorce cases in Bexar County may involve one or more hearings before a judge. These can address contested issues such as property division or spousal maintenance. Even in uncontested cases, courts may require a final hearing to review and approve the agreement submitted by both parties.
Step 8: Finalizing the Divorce
The divorce becomes legally complete when the judge signs the Final Decree of Divorce. This document outlines the court’s decisions, or the terms both spouses agreed to, covering property division, financial obligations, and any other relevant matters. Once signed, it becomes a binding court order that both parties must follow, and the marriage is officially dissolved under Texas law.
You’ll receive certified copies from the clerk’s office. These documents are important for updating records, accounts, and legal designations going forward.
Let Our Team Help You Through the Process
Every divorce is different because every marriage is different. At WSM, we work exclusively with women navigating the Texas divorce process, explaining each step in plain language and advocating for outcomes that protect your financial stability and your family’s future.
We know the local courts, the judges, and the procedures in Bexar County, and we’re here to make sure you understand your options at every stage. Call (210) 942-1951 or contact us online for a free consultation.
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